Patterson v. Jewish Hospital and Medical Center of Brooklyn
| Decision Date | 02 October 1978 |
| Citation | 409 N.Y.S.2d 124,65 A.D.2d 553 |
| Parties | Mary PATTERSON, Respondent, v. The JEWISH HOSPITAL AND MEDICAL CENTER OF BROOKLYN et al., Appellants, et al., Defendants. |
| Court | New York Supreme Court — Appellate Division |
Bower & Gardner, New York City (Thomas R. Newman, Arthur N. Seiff and Andrew N. Sears, New York City, of counsel), for appellants. Katz, Shandell, Katz & Erasmous, New York City (Richard E. Shandell, Emily Diamond and Stephanie C. Brand, New York City, of counsel), for respondent.
In a medical malpractice action, the appeals are from so much of two orders (one as to each appellant) of the Supreme Court, Kings County (MONTELEONE, J.), both dated May 18, 1978, as granted the plaintiff's motions to strike items 5, 6, 8 and 9 from each of the appellant's demand for a bill of particulars. Orders affirmed insofar as appealed from, with one bill of $50 costs and disbursements. Venezia v. Klinger, 61 A.D.2d 1145, 402 N.Y.S.2d 702 and Johnson v. Charow, 63 A.D.2d 668, 404 N.Y.S.2d 685 are controlling here. Insofar as Nelson v. New York Univ. Med. Center, 51 A.D.2d 352, 381 N.Y.S.2d 491 (1st Dept.) is to the contrary, we decline to follow it.
DAMIANI, J. P., and SUOZZI, SHAPIRO and COHALAN, JJ., concur.
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