Opinion
10261 Index 302216/16
10-31-2019
Joanne SCHEININ, etc., et al., Plaintiffs–Respondents, v. Habib MONAS, M.D., et al., Defendants, Bronx Harbor Health Care Complex Inc., doing business as Kings Harbor Multicare Center, Defendant–Appellant.
Kaufman Borgeest & Ryan LLP, Valhalla (David Bloom of counsel), for appellant. Meagher & Meagher, P.C., White Plains (Merryl F. Weiner of counsel), for respondents.
Kaufman Borgeest & Ryan LLP, Valhalla (David Bloom of counsel), for appellant.
Meagher & Meagher, P.C., White Plains (Merryl F. Weiner of counsel), for respondents.
Friedman, J.P., Kapnick, Kern, Singh, JJ.
Order, Supreme Court, Bronx County (Robert T. Johnson, J.), entered on or about May 25, 2018, which, to the extent appealed from, denied defendant Bronx Harbor Health Care Complex Inc. d/b/a Kings Harbor Multicare Center's (Kings Harbor) motion for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.
Kings Harbor, the rehabilitation center to which plaintiff was transferred after surgery and hospitalization, was entitled to summary judgment dismissing plaintiff's complaint against it. In opposition to this defendant's motion, plaintiff's expert failed to identify any symptom or condition, which, if reported to plaintiff's physicians, would have expedited their diagnosis and treatment. Accordingly, plaintiff's expert failed to demonstrate that Kings Harbor deviated from accepted medical practice and that such failure was a proximate cause of plaintiff's death (see Bartolacci–Meir v. Sassoon, 149 A.D.3d 567, 571–573, 50 N.Y.S.3d 395 [1st Dept. 2017] ; Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 325, 508 N.Y.S.2d 923, 501 N.E.2d 572 [1986] ).