Rosner v. Maimonides Hosp.
| Decision Date | 02 August 1982 |
| Citation | 89 A.D.2d 847,453 N.Y.S.2d 30 |
| Parties | Rochelle ROSNER, Appellant, v. MAIMONIDES HOSPITAL, Respondent, et al., Defendant. |
| Court | New York Supreme Court — Appellate Division |
Lewitas & Yohonn, New York City (Dennis H. Lewitas, New York City, of counsel), for appellant.
Bower & Gardner, Siff & Newman, P. C., New York City (John H. Somoza and L. Kevin Sheridan, New York City, of counsel), for respondent.
Before MOLLEN, P. J., and MANGANO, BROWN and RUBIN, JJ.
MEMORANDUM BY THE COURT.
In an action to recover damages for personal injuries, plaintiff appeals (1) from an order of the Supreme Court, Kings County dated September 29, 1980, which, inter alia, granted the defendant hospital's motion to quash subpoenas served upon four of its employees, and (2) as limited by her brief, from so much of a further order of the same court, dated May 22, 1981, as, upon reargument, adhered to its original determination.
Appeal from the order dated September 29, 1980, dismissed as academic. Said order was superseded by the order, dated May 22, 1981, issued upon reargument.
Order dated May 22, 1981, affirmed insofar as appealed from, without prejudice to a formal application by the plaintiff for the taking of additional depositions consistent herewith.
Respondent is awarded one bill of $50 costs and disbursements.
This action was commenced by service of a summons and verified complaint upon the defendant hospital on or about February 9, 1979. Although named as a defendant in the action, Dr. Stanley Dratler was never served.
The complaint alleges that on or about December 23, 1977 the plaintiff was a patient at the defendant hospital and that defendant Dratler, a resident physician in the hospital's employ, wrongfully and maliciously injected her with valium and proceeded to have sexual intercourse with her while she was in a drugged and helpless state.
The complaint against the hospital contains two causes of action. The first asserts that Dratler's acts were committed with knowledge, express or implied, of the defendant hospital and constituted a grossly negligent and willful interference with the plaintiff's person. The second cause of action asserts a breach of the hospital's contractual duty to the plaintiff to furnish her with competent and adequate medical care in conformity with the recognized practice in the community, and to keep her free from harm and danger while at the hospital.
On March 6, 1980, pursuant to court order, Edith Steinberg, the supervisor of medical correspondence in the defendant hospital's medical records department, was deposed. She produced the plaintiff's medical record and testified as to its completeness. Ms. Steinberg asserted, however, that she did not know Dr. Dratler and had no knowledge of either the manner in which employee personnel files are kept in the hospital or the process by which residents and interns are selected for matriculation. Upon inquiry as to who would have that knowledge, Ms. Steinberg replied that she thought that the individual departments in the hospital would have the information. Upon further questioning, Ms. Steinberg offered the names of four...
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