Escobar v. Allen

Order and judgment, Supreme Court, Bronx County (Howard Silver, J.), entered January 30, 2003 and February 19, 2003, respectively, which granted defendants’ motion to dismiss the complaint, unanimously reversed, on the law, without costs, the motion denied, the complaint reinstated in its entirety and the matter remanded for trial.

This is a medical malpractice action in which plaintiff alleges that defendant doctors negligently performed a bunionectomy on her left foot at defendant Hospital for Special Surgery. Plaintiff maintains that as a result of the surgical procedure, she suffered a…