Davis v. S. Nassau Cmtys. Hosp.

• Decision Date: 02 July 2014
• Citation: 989 N.Y.S.2d 500,119 A.D.3d 512,2014 N.Y. Slip Op. 04893
• Parties: Edwin DAVIS, et al., appellants, v. SOUTH NASSAU COMMUNITIES HOSPITAL, et al., respondents.
• Court: New York Supreme Court — Appellate Division

119 A.D.3d 512
989 N.Y.S.2d 500
2014 N.Y. Slip Op. 04893

Edwin DAVIS, et al., appellants,
v.
SOUTH NASSAU COMMUNITIES HOSPITAL, et al., respondents.

Supreme Court, Appellate Division, Second Department, New York.

July 2, 2014.

[989 N.Y.S.2d 501]

Dell, Little, Trovato & Vecere, LLP, Bohemia, N.Y. (Christopher R. Dean and Jay J. Massaro of counsel), for appellants.

Bartlett, McDonough & Monaghan, LLP, Mineola, N.Y. (Robert G. Vizza and Robert J. Betz of counsel), for respondent South Nassau Communities Hospital.

Santangelo Benvenuto & Slattery (James W. Tuffin, Roslyn, N.Y., of counsel), for respondents Regina E. Hammock, Christine DeLuca, and Island Medical Physicians, P.C.

REINALDO E. RIVERA, J.P., PLUMMER E. LOTT, ROBERT J. MILLER, and SYLVIA O. HINDS–RADIX, JJ.

In an action to recover damages for personal injuries, etc., the plaintiffs appeal from (1) an order of the Supreme Court, Nassau County (Sher, J.), entered July 12, 2012, which granted the separate motions of the defendant South Nassau Communities Hospital and the defendants Regina E. Hammock, Christine DeLuca, and Island Medical Physicians, P.C., pursuant to CPLR 3211(a)(7) to dismiss the complaint insofar as asserted against each of them, denied that branch of their cross motion which was for leave to amend the complaint, and denied, in effect, as academic, that branch of their cross motion which was to consolidate this action with two related actions entitled Walsh–Roman v. Hammock and Davis v. Walsh, pending in the Supreme Court, Nassau County, under Index Nos. 23966/09 and 8405/09, respectively, and (2) a judgment of the same court entered September 11, 2012, which, upon the order, is in favor of the defendants and against them dismissing the complaint.

ORDERED that the appeal from the order is dismissed; and it is further,

ORDERED that the judgment is affirmed; and it is further,

ORDERED that one bill of costs is awarded to the respondents appearing separately and filing separate briefs.

The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with the entry of the judgment in the action ( see Matter of Aho, 39 N.Y.2d 241, 383 N.Y.S.2d 285, 347 N.E.2d 647). The issues raised on the appeal from the intermediate order are brought up for review and have been considered on the appeal from the judgment ( seeCPLR 5501[a][1] ).

On March 4, 2009, at approximately 7:27 a.m., Lorraine Walsh went to the emergency room at the defendant South Nassau Communities Hospital (hereinafter the hospital), complaining of, inter alia, abdominal pain. At the hospital, Walsh was examined by the defendants Regina E. Hammock and Christine DeLuca, who were employed by the defendant Island Medical Physicians, P.C. (hereinafter Island Medical). Walsh was given several medications to, among other things, reduce her pain, including a narcotic medication. At approximately 12:30 p.m., Walsh was discharged from the hospital. At approximately 12:49 p.m., Walsh was driving her vehicle when she allegedly became unconscious as a result of the medications administered to her at the hospital, and...