Castro v. Durban
| Decision Date | 16 May 2018 |
| Docket Number | 2015–10992,2016–00256,Index No. 7087/13 |
| Citation | 77 N.Y.S.3d 680,161 A.D.3d 939 |
| Parties | Diane CASTRO, et al., appellants, v. Lawrence DURBAN, et al., defendants, Eileen Stenton, et al., respondents. |
| Court | New York Supreme Court — Appellate Division |
161 A.D.3d 939
77 N.Y.S.3d 680
Diane CASTRO, et al., appellants,
v.
Lawrence DURBAN, et al., defendants, Eileen Stenton, et al., respondents.
2015–10992
2016–00256
Index No. 7087/13
Supreme Court, Appellate Division, Second Department, New York.
Decided May 16, 2018
Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York, N.Y. (Richard M. Steigman, Howard S. Hershenhorn, and D. Allen Zachary of counsel), for appellants.
Lewis Johs Avallone Aviles, LLP, Islandia, N.Y. (Robert A. Lifson of counsel), for respondents.
CHERYL E. CHAMBERS, J.P., SYLVIA O. HINDS–RADIX, COLLEEN D. DUFFY, HECTOR D. LASALLE, JJ.
DECISION & ORDER
In a consolidated action, inter alia, to recover damages for medical malpractice, etc., the plaintiffs appeal from (1) an orderof the Supreme Court, Nassau County (Denise L. Sher, J.), entered September 17, 2015, and (2) a judgment of the same court entered October 19, 2015. The order, insofar as appealed from, granted that branch of the motion of the defendants Eileen Stenton, George Economou, Rebecca Tfelt, Karen Brooks, Cindy Sukhoo, Lauren Nehrebecki, Jennifer Gomez, Amy Bryson, Nicola Crosswell, Kathleen McGarry, Teresita Fabic–Lampa, Young Joo Lee, Irene Moser, and St. Francis Hospital, Roslyn, New York, also known as St. Francis Hospital, which was for summary judgment dismissing so much of the complaint as alleged that the defendant St. Francis Hospital, Roslyn, New York, also known as St. Francis Hospital, was vicariously liable for the alleged medical malpractice of the defendant Melissa Devlin. The judgment, insofar as appealed from, upon the order, is in favor of the defendant St. Francis Hospital, Roslyn, New York, also known as St. Francis Hospital, and against the plaintiffs dismissing so much of the complaint as alleged that that defendant was vicariously liable for the alleged medical malpractice of the defendant Melissa Devlin.
ORDERED that the appeal from the order is dismissed; and it is further,
ORDERED that the judgment is reversed insofar as appealed from, on the law, that branch of the motion of the defendants
Eileen Stenton, George Economou, Rebecca Tfelt, Karen Brooks, Cindy Sukhoo, Lauren Nehrebecki, Jennifer Gomez, Amy Bryson, Nicola Crosswell, Kathleen McGarry, Teresita Fabic–Lampa, Young Joo Lee, Irene Moser, and St. Francis Hospital, Roslyn, New York, also known as St. Francis Hospital, which was for summary judgment dismissing so much of the complaint as alleged that the defendant St. Francis Hospital, Roslyn, New York, also known as St. Francis Hospital, was vicariously liable for the alleged medical malpractice of...
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