Migliaccio v. Good Samaritan Hospital

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Suffolk County (Oshrin, J.), entered June 1, 2000, which, upon an order of the same court dated April 28, 2000, inter alia, granting the defendant’s motion pursuant to CPLR 4401 for judgment as a matter of law, is in favor of the defendant and against them, dismissing the complaint.

Ordered that the judgment is affirmed, with costs.

The plaintiff Sally Migliaccio (hereinafter the plaintiff), complaining of a severe headache, went to the emergency room of the defendant, Good…