Parise v. Good Samaritan Hospital

• Decision Date: 16 January 2007
• Docket Number: 2006-07081.
• Citation: 36 A.D.3d 678,829 N.Y.S.2d 559,2007 NY Slip Op 00286
• Parties: LISA PARISE, Appellant, v. GOOD SAMARITAN HOSPITAL, Respondent.
• Court: New York Supreme Court — Appellate Division

36 A.D.3d 678

829 N.Y.S.2d 559

2007 NY Slip Op 00286

LISA PARISE, Appellant, v. GOOD SAMARITAN HOSPITAL, Respondent.

2006-07081.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided January 16, 2007.

In an action to recover damages for medical malpractice, the plaintiff appeals, as limited by her brief, from so much of an order of the Supreme Court, Nassau County (Jonas, J.), dated June 2, 2004, as denied those branches of her motion which were to compel the defendant to produce its emergency room log for October 28, 2002, and records identifying the attending physicians, service attendings, specialists, doctors, and employees who were available for consultation during the time of her admission in the emergency room on October 28, 2002, and granted that branch of her motion which was for a further deposition of William Sierra only to the limited extent of permitting Sierra to testify as to the name of the attending physician who was available for consultation and was on duty at the defendant's emergency room on October 28, 2002 during the time of the plaintiff's admission.

Ordered that the notice of appeal from so much of the order as granted that branch of the plaintiff's motion which was for a further deposition of William Sierra only to the limited extent of permitting Sierra to testify as to the name of the attending physician who was available for consultation and was on duty at the defendant's emergency room on October 28, 2002 during the time of the plaintiff's admission, is deemed to be an application for leave to appeal, and leave to appeal is granted (see Hudson Val. Mar., Inc. v Town of Cortlandt, 30 AD3d 377 [2006]); and it is further,

Ordered that the order is modified, on the law, (1) by deleting the provision thereof denying that branch of the motion which was to compel the defendant to produce records identifying the attending physicians, service attendings, specialists, doctors, and employees who were available for consultation during the time of her admission in the emergency room on October 28, 2002 and substituting thereof a provision granting that branch of the motion, and (2) by deleting the provision thereof granting that branch of the motion which was for a further deposition of William Sierra only to the limited extent of permitting Sierra to testify as to the name of the attending physician who was available for consultation and was on duty at the defendant's emergency room on ...