Walker v. Jam. Hosp. Med. Ctr.
| Decision Date | 17 August 2022 |
| Docket Number | 2018–14353, 2019–07064,Index No. 706681/16 |
| Citation | 208 A.D.3d 714,173 N.Y.S.3d 630 |
| Parties | Donna WALKER, et al., appellants, v. JAMAICA HOSPITAL MEDICAL CENTER, et al., respondents. |
| Court | New York Supreme Court — Appellate Division |
208 A.D.3d 714
173 N.Y.S.3d 630
Donna WALKER, et al., appellants,
v.
JAMAICA HOSPITAL MEDICAL CENTER, et al., respondents.
2018–14353, 2019–07064
Index No. 706681/16
Supreme Court, Appellate Division, Second Department, New York.
Argued—April 28, 2022
August 17, 2022
Randazzo & Giffords, P.C. (Pollack, Pollack, Isaac & DeCicco, LLP, New York, NY [Brian J. Isaac and Melissa B. Ringel], of counsel), for appellants.
Martin Clearwater & Bell LLP, East Meadow, NY (Gregory A. Cascino and Yuko A. Nakahara of counsel), for respondents Jamaica Hospital Medical Center, Ravinder Nagpaul, TJH Medical Services, P.C., Donna M. Losco, and Medisys Health Network, Inc.
Kutner Friedrich, LLP, New York, NY (Tracy Solomon and Cheryl Zimmerli of counsel), for respondent Thambirajah Nandakumar.
COLLEEN D. DUFFY, J.P., ANGELA G. IANNACCI, REINALDO E. RIVERA, PAUL WOOTEN, JJ.
DECISION & ORDER
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from (1) an order of the Supreme Court, Queens County (Peter J. O'Donoghue, J.), entered November 29, 2018, and (2) a judgment of the same court entered May 7, 2019. The order granted the separate motions of the defendant Thambirajah Nandakumar and the defendants Jamaica Hospital Medical Center, Ravinder Nagpaul, TJH Medical Services, P.C., Donna M. Losco, and Medisys Health Network, Inc., for summary judgment dismissing the complaint insofar as asserted against each of them. The judgment, upon the order, is in favor of the defendant Thambirajah Nandakumar and against the plaintiffs dismissing the complaint insofar as asserted against that defendant.
ORDERED that the appeal from so much of the order as granted the motion of the defendant Thambirajah Nandakumar for summary judgment dismissing the complaint insofar as asserted against him is dismissed; and it is further,
ORDERED that the order is reversed insofar as reviewed, on the law, the motion of the defendants Jamaica Hospital Medical Center, Ravinder Nagpaul, TJH Medical Services, P.C.,
Donna M. Losco, and Medisys Health Network, Inc., for summary judgment dismissing the complaint insofar as asserted against them is denied; and it is further,
ORDERED that the judgment is reversed, on the law, the motion of the defendant Thambirajah Nandakumar for summary judgment dismissing the complaint insofar as asserted against him is denied, the complaint is reinstated insofar as asserted against that defendant, and the order is...
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