Francis v. Montefiore Hospital/ Henkind Eye Hospital
Appellate Terms of the Supreme Court of New York
1Opinion of the Court
*279OPINION OF THE COURT
2Per curiam
Order entered on or about November 2, 2000 reversed, with. $10 costs, motion denied, complaint reinstated and matter remanded to Civil Court for further proceedings.
Plaintiff, now 71 years old and self-represented, suffered an injury to her eye while an outpatient at the defendant hospital’s ophthalmology clinic. The ensuing action was dismissed on defendant’s oral motion prior to any proof being taken at trial on the ground that plaintiff did not have a medical witness to testify “in this medical malpractice case.” This was error. The papers so far submitted, including…
3Cases cited2 opinions
- Razzaque v. Krakow Taxi, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- Rogers v. SchuylerAppellate Division of the Supreme Court of the State of New York · 1990