Reustle v. Petraco
| Decision Date | 01 November 2017 |
| Docket Number | 2015-00883, Index No. 1507/12. |
| Citation | 155 A.D.3d 658,63 N.Y.S.3d 111 |
| Parties | Richard REUSTLE, as administrator of the estate of Barbara Reustle, plaintiff-respondent, v. Douglas PETRACO, etc., et al., defendants, Smithtown Center for Rehabilitation, defendant third-party plaintiff; Tender Touch Physical Therapy, P.C., third-party defendant-appellant. |
| Court | New York Supreme Court — Appellate Division |
Miranda Sambursky Slone Sklarin Verveniotis LLP, Mineola, NY (Ondine Slone and James R. Finn of counsel), for third-party defendant-appellant.
Melito & Adolfsen P.C., New York, NY (Robert D. Ely and Morgan Fiander of counsel), for defendant third-party plaintiff.
JOHN M. LEVENTHAL, J.P., BETSY BARROS, VALERIE BRATHWAITE NELSON, and LINDA CHRISTOPHER, JJ.
In an action to recover damages for medical malpractice, the third-party defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Diamond, J.), entered October 21, 2014, as denied its motion for summary judgment dismissing the third-party complaint.
ORDERED that the order is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff's decedent, Barbara Reustle, underwent a hip replacement procedure at the defendant St. Charles Hospital on November 30, 2009. Following the surgery, from December 7, 2009, through January 4, 2010, Reustle received inpatient rehabilitation and physical and occupational therapy at a facility owned and operated by the defendant third-party plaintiff, Smithtown Health Care Management, LLC, doing business as Smithtown Center for Rehabilitation and Nursing Care, sued herein as Smithtown Center for Rehabilitation (hereinafter Smithtown). On January 4, 2010, an X ray revealed that the hip implant had pulled out of the bone and the hip had dislocated, requiring revision surgery.
Reustle commenced this medical malpractice action against, among others, Smithtown. Reustle alleged that Smithtown was negligent in the rehabilitation phase of her care by, inter alia, failing to properly evaluate her and schedule postoperative visits. Smithtown commenced a third-party action for contribution and common-law indemnification against the third-party defendant, Tender Touch Physical Therapy, P.C. (hereinafter Tender Touch), which, inter alia, provided the therapists to Smithtown who treated Reustle. Tender Touch moved for summary judgment dismissing the third-party complaint on the ground that it was not negligent in the care it rendered to Reustle. The Supreme Court denied the motion. Tender Touch...
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...residents and fellows, and whether that deviation was a proximate cause of the decedent's injuries and death (see Reustle v. Petraco, 155 A.D.3d 658, 63 N.Y.S.3d 111 ). Contrary to Cabanas's contention, although the plaintiffs' expert opined outside his area of specialization, he establishe......
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