D'Abbraccio v. New Rochelle Hosp. Medical Center

• Decision Date: 29 November 1996
• Citation: 654 N.Y.S.2d 383,233 A.D.2d 539
• Parties: Vivian D'ABBRACCIO, Appellant, v. NEW ROCHELLE HOSPITAL MEDICAL CENTER, et al., Respondents.
• Court: New York Supreme Court — Appellate Division

Page 383

654 N.Y.S.2d 383

233 A.D.2d 539

Vivian D'ABBRACCIO, Appellant, v. NEW ROCHELLE HOSPITAL MEDICAL CENTER, et al., Respondents.

Supreme Court, Appellate Division Second Department.

Nov. 29, 1996.

Mark A. Varrichio & Associates, New York City (Timothy McCarvill and Laurie Galioto, of counsel), for appellant.

Rende, Ryan & Downes, LLP, White Plains (Wayne M. Rubin, of counsel), for respondents.

Before MANGANO, P.J., and MILLER, RITTER and ALTMAN, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for personal injuries for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Wood, J.), entered October 5, 1994, which, upon the granting of the defendants' motion for judgment as a matter of law at the close of the plaintiff's case, is in favor of the defendants and against her dismissing the complaint.

ORDERED that the judgment is reversed, on the law, the defendants' motion is denied, and a new trial is granted, with costs to abide the event.

At trial, the plaintiff adduced the following relevant evidence: On October 25, 1990, the plaintiff was taken to the defendant hospital for treatment after she injured her ankle. She was seen by the defendant Dr. Gary Guerrino, an internist. Dr. Guerrino, after examining X rays of the ankle, diagnosed the injury as a bruise. Accordingly, he stitched a laceration on the ankle and sent the plaintiff home. The plaintiff continued to experience pain and, after consultation with her private physician, she obtained X rays of the ankle on the following Monday. It was...