Jeter v. N.Y. Presbyterian Hosp.
| Decision Date | 29 May 2019 |
| Docket Number | Index No. 507229/14,2016–08843 |
| Citation | 101 N.Y.S.3d 411,172 A.D.3d 1338 |
| Parties | Kitt JETER, Appellant, v. NEW YORK PRESBYTERIAN HOSPITAL, Respondent. |
| Court | New York Supreme Court — Appellate Division |
172 A.D.3d 1338
101 N.Y.S.3d 411
Kitt JETER, Appellant,
v.
NEW YORK PRESBYTERIAN HOSPITAL, Respondent.
2016–08843
Index No. 507229/14
Supreme Court, Appellate Division, Second Department, New York.
Argued—January 10, 2019
May 29, 2019
Ugo Uzoh, P.C., Brooklyn, N.Y. (Ugochukwu Uzoh of counsel), for appellant.
Martin Clearwater & Bell LLP, New York, N.Y. (Barbara D. Goldberg and William P. Brady of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., SHERI S. ROMAN, JOSEPH J. MALTESE, ANGELA G. IANNACCI, JJ.
DECISION & ORDER
In an action, inter alia, to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Kings County (Martin Solomon, J.), dated July 20, 2016. The order granted the defendant's motion to compel the plaintiff to provide a certificate of merit pursuant to CPLR 3012–a and to transfer the action to the Medical Malpractice Part, denied that branch of the plaintiff's cross motion which was to dismiss the defendant's seventh affirmative defense, and granted that branch of the plaintiff's cross motion which was for leave to amend the complaint only to the extent of permitting the plaintiff to add a cause of action alleging medical malpractice.
ORDERED that the order is modified, on the law, by deleting the provision thereof granting that branch of the plaintiff's cross motion which was for leave to amend the complaint only to the extent of permitting the plaintiff to add a cause of action alleging medical malpractice, and substituting therefor a provision
granting that branch of the motion in its entirety; as so modified, the order is affirmed insofar as
appealed from, without costs or disbursements.
After the plaintiff underwent surgery on October 24, 2012, at the defendant hospital (hereinafter the hospital), she developed significant memory loss and threatened to leave the hospital on numerous occasions. During her stay at the hospital, based on recommendations by a psychiatrist, the plaintiff was at times placed under one-on-one supervision or in a "cluster room." The plaintiff went missing from the hospital and allegedly sustained injuries before she was found five days later.
The plaintiff commenced this action alleging, inter alia, that the hospital was negligent in failing to provide her with the proper care and supervision. The hospital moved to compel the plaintiff to provide a certificate of merit pursuant to CPLR 3012–a and to transfer the action to the Medical Malpractice Part, contending that the plaintiff's complaint sounded in medical malpractice rather than ordinary negligence. The plaintiff opposed the motion and cross-moved for leave to amend the complaint and to dismiss the hospital's seventh affirmative defense, which alleged that she failed to comply with CPLR 3012–a. The Supreme Court, finding that the complaint stated a cause of action to recover damages for medical malpractice, granted the hospital's motion,...
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