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Savage v. Long Island Jewish Medical Center

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1991
170 A.D.2d 665 (N.Y. App. Div. 1991)

Opinion

February 25, 1991

Appeal from the Supreme Court, Queens County (Rosenzweig, J.).


Ordered that the order is affirmed, with costs.

Contrary to the defendant Chang's contentions, the medical evidence in the record, consisting of surgical reports, deposition testimony of some of the defendants, and a report on the autopsy of the decedent, adequately demonstrates that there are issues of credibility and triable issues of fact regarding the manner in which several of the injuries suffered by the decedent occurred, thus warranting the denial of summary judgment (see generally, Sacher v Long Is. Jewish-Hillside Med. Center, 142 A.D.2d 567). Moreover, based on the record before us, we conclude that the plaintiff has satisfied the requisite criteria to proceed on a theory of res ipsa loquitur in addition to her other theories of recovery (see generally, Ebanks v New York City Tr. Auth., 70 N.Y.2d 621; Dermatossian v New York City Tr. Auth., 67 N.Y.2d 219; Kerber v Sarles, 151 A.D.2d 1031; Fogal v Genesee Hosp., 41 A.D.2d 468). Thompson, J.P., Brown, Sullivan and Miller, JJ., concur.


Summaries of

Savage v. Long Island Jewish Medical Center

Appellate Division of the Supreme Court of New York, Second Department
Feb 25, 1991
170 A.D.2d 665 (N.Y. App. Div. 1991)
Case details for

Savage v. Long Island Jewish Medical Center

Case Details

Full title:LINDA SAVAGE, as Administratrix of the Estate of ERNEST PAPPALARDO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 25, 1991

Citations

170 A.D.2d 665 (N.Y. App. Div. 1991)
567 N.Y.S.2d 84