Makinen v. Torelli

• Decision Date: 08 May 2013
• Citation: 106 A.D.3d 782,2013 N.Y. Slip Op. 03303,965 N.Y.S.2d 529
• Parties: Ceanna MAKINEN, etc., respondent, v. Michael William TORELLI, etc., et al., appellants, et al., defendants.
• Court: New York Supreme Court — Appellate Division

106 A.D.3d 782
965 N.Y.S.2d 529
2013 N.Y. Slip Op. 03303

Ceanna MAKINEN, etc., respondent,
v.
Michael William TORELLI, etc., et al., appellants, et al., defendants.

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

May 8, 2013.

Keller, O'Reilly & Watson, P.C., Woodbury, N.Y. (Erin L. Deacy of counsel), for appellants Michael William Torelli, and South Shore Family Practice Associates, P.C., and defendant John Stephen Walsh.

Catalano, Gallardo & Petropoulos, LLP, Jericho, N.Y. (Jennifer B. Ettenger of counsel), for appellant Kerri Ann Petitpain.

Duffy & Duffy, Uniondale, N.Y. (Mary Ellen Duffy of counsel), for respondent.

RANDALL T. ENG, P.J., REINALDO E. RIVERA, DANIEL D. ANGIOLILLO, and RUTH C. BALKIN, JJ.

[106 A.D.3d 782]In an action, inter alia, to recover damages for medical malpractice and wrongful death, etc., the defendants Michael William Torelli and South Shore Family Practice Associates, P.C., appeal, and the defendant Kerri Ann Petitpain separately appeals, as limited by their respective briefs, from so much of an order of the Supreme Court, Suffolk County (Jones, Jr., J.), dated May 8, 2012, as granted that branch of the plaintiff's motion which was for leave to reargue her opposition to those branches

[965 N.Y.S.2d 530]

of their separate motions which were for summary judgment dismissing the cause of action alleging medical malpractice insofar as asserted against each of them, which had been granted in a prior order dated July 7, 2011, and, upon reargument, vacated that portion of the order dated July 7, 2011, and thereupon, denied those branches of their motions.

ORDERED that the order dated May 8, 2012, is affirmed insofar as appealed from, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

On August 13, 2005, the decedent, Michael Makinen, went to [106 A.D.3d 783]South Shore Family Practice Associates, P.C. (hereinafter South Shore), seeking treatment for back pain, a cough, chest congestion, and a sore throat. The decedent, then 42 years old, was a smoker, and had experienced instances of high blood pressure in the past. At his August 13 visit, the decedent was examined by Kerri Ann Petitpain, a family nurse practitioner, who diagnosed him with bronchitis. Three days later, the decedent returned to South Shore and was examined by Dr. Michael William Torelli, who again diagnosed him with bronchitis. On the following day, the decedent died of a ruptured aortic dissection. The decedent's wife subsequently commenced this action against several parties, including Torelli, South Shore, and Petitpain, alleging, inter alia, that the decedent's death had been caused by the failure of Torelli and Petitpain to timely diagnose and treat his aortic dissection.

After discovery had been completed, Petitpain moved, and Torelli and South Shore separately moved, for summary judgment dismissing the complaint insofar as asserted against each of...