Marinaccio v. Society of New York Hospital

—In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Westchester County (Cólabella, J.), dated June 29, 1994, which granted the motion of the defendant Lawrence Hospital for summary judgment dismissing the complaint insofar as asserted against it.

Ordered that the order is affirmed, with costs.

The injured plaintiff, who was born two months premature in 1973 currently suffers from profound mental retardation, cerebral palsy, and quadriplegia spasticity, all of which are permanent and require around-the-clock supervision. This action…