Petruzzi v. Purow

Decision Date26 February 2020
Docket Number2019–00277,Index No. 151861/17
Citation180 A.D.3d 1083,120 N.Y.S.3d 159
Parties Michael PETRUZZI, etc., Respondent, v. Elias PUROW, etc., et al., Defendants; Jeffrey Abergel, etc., Nonparty-Appellant.
CourtNew York Supreme Court — Appellate Division

180 A.D.3d 1083
120 N.Y.S.3d 159

Michael PETRUZZI, etc., Respondent,
v.
Elias PUROW, etc., et al., Defendants;

Jeffrey Abergel, etc., Nonparty-Appellant.

2019–00277
Index No. 151861/17

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

Argued - November 1, 2019
February 26, 2020


120 N.Y.S.3d 160

DeCorato Cohen Sheehan & Federico, LLP, New York, N.Y. (Joshua R. Cohen, Amanda L. Tate, and Timothy J. Sheehan of counsel), for nonparty-appellant.

Sullivan Papain Block McGrath & Cannavo P.C., New York, N.Y. (Stephen C. Glasser and Christopher J. DelliCarpini of counsel), for respondent.

ALAN D. SCHEINKMAN, P.J., WILLIAM F. MASTRO, JOHN M. LEVENTHAL, JOSEPH J. MALTESE, JJ.

120 N.Y.S.3d 161

DECISION & ORDER

180 A.D.3d 1083

In an action to recover damages for medical malpractice and wrongful death, nonparty Jeffrey Abergel appeals from an order of the Supreme Court, Richmond County (Orlando Marrazzo, Jr., J.), dated December 12, 2018. The order granted the plaintiff's motion pursuant to CPLR 1003 for leave to amend the complaint to add nonparty Jeffrey Abergel as a defendant in the action.

ORDERED that the order is affirmed, with costs.

On June 4, 2015, the plaintiff's decedent was admitted to Staten Island University Hospital (hereinafter SIUH) with fever, abdominal pain, and blood in her stool. The decedent underwent an upper endoscopy and colonoscopy on June 10, 2015. Following a diagnosis of ulcerative colitis, the decedent was transferred to Mt. Sinai Medical Center on June 26, 2015. She was discharged from Mt. Sinai Medical Center on July 11, 2015, with instructions to follow up with Purow, M.D., Shaps, M.D., P.C. (hereinafter the P.C.), for further treatment and outpatient care.

The decedent visited the P.C.'s office for outpatient care on July 13, 2015, and August 4, 2015. However, on August 6, 2015, she was readmitted to SIUH and stayed until August 13, 2015. The decedent next visited the P.C.'s office on September 11, 2015, and on that visit, was seen by nonparty Jeffrey Abergel, a physician employed by the P.C.

Six days later, on September 17, 2015, the decedent was taken to SIUH by ambulance as a result of abdominal pain, nausea, vomiting, diarrhea, and syncopal episodes. On September 19, 2015, she underwent a diagnostic laparoscopy with conversion to an open exploratory laparotomy and was diagnosed with a perforated and gangrenous left colon. As a result, the decedent's entire colon, except for the middle and

180 A.D.3d 1084

distal rectum, was surgically removed. Abergel visited the decedent at SIUH on September 21, 2015, but the decedent was intubated and unresponsive. On September 26, 2015, the decedent died.

In August 2017, the plaintiff commenced this action against physician Elias Purow and the P.C. to recover damages for medical malpractice and wrongful death. On August 24, 2018, after conducting depositions of Purow and Abergel, the plaintiff moved pursuant to CPLR 1003 for leave to amend the complaint to add Abergel as a defendant in the action. The Supreme Court granted the plaintiff's motion, and Abergel appeals.

As there is no dispute that the statute of limitations to assert...

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    ...employment" for that corporation, the corporation may be held vicariously liable for the negligence of the physician (Petruzzi v Purow, 180 A.D.3d 1083, 1084-1085 [2d Dept 2020]). Inasmuch as this court has concluded that there are triable issues of fact as to whether Fox committed malpract......
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    ...... his or her employment" for that corporation may the. corporation be held vicariously liable for the negligence of. the physician (Petruzzi v Purow, 180 A.D.3d 1083,. 1084-1085 [2d Dept 2020]). The complaint fails to state a. cause of action against the defendant Leon B. Eisikowitz,. ......
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