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Nelson v. Good Samaritan Hospital [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Aug 9, 1999
(N.Y. App. Div. Aug. 9, 1999)

Opinion

Submitted May 12, 1999

August 9, 1999

MacCartney, MacCartney, Kerrigan MacCartney, Nyack, N Y (Brigitte M. Gulliver of counsel), for appellants.

Heidell, Pittoni, Murphy Bach, LLP, New York, N.Y. (Daryl Paxson of counsel), for respondent.

SONDRA MILLER, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, JJ.


DECISION ORDER

In an action to recover damages for medical malpractice, the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Rockland County (Weiner, J.), entered July 27, 1999, as granted the motion of the defendant Good Samaritan Hospital for summary judgment dismissing the complaint insofar as asserted against it, and denied the plaintiffs' cross motion for leave to renew their prior motion to compel further discovery.

ORDERED that the order is affirmed insofar as appealed from, with costs.

Under the circumstances of this case, we agree with the conclusion of the Supreme Court that the defendant Good Samaritan Hospital established its entitlement to summary judgment dismissing the complaint insofar as it sought to hold the hospital liable for its alleged negligent failure to supervise or revoke the privileges of the defendant Anthony Rella, M.D. ( see, Sledziewski v. Cioffi, 137 A.D.2d 186; cf., Raschel v. Rish, 110 A.D.2d 1067; Bowhall v. Hanlon, 99 A.D.2d 857).

The plaintiffs' remaining contentions are without merit.

S. MILLER, J.P., SULLIVAN, FRIEDMANN, and LUCIANO, JJ., concur.


Summaries of

Nelson v. Good Samaritan Hospital [2d Dept 1999

Appellate Division of the Supreme Court of New York, Second Department
Aug 9, 1999
(N.Y. App. Div. Aug. 9, 1999)
Case details for

Nelson v. Good Samaritan Hospital [2d Dept 1999

Case Details

Full title:TED S. NELSON, et al., appellants, v. GOOD SAMARITAN HOSPITAL, respondent…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Aug 9, 1999

Citations

(N.Y. App. Div. Aug. 9, 1999)