Cogswell v. Chapman
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Spain, J.
Appeal from an order of the Supreme Court (Dawson, J.), entered February 27, 1997 in Clinton County, which denied a motion by defendant William Eichner for summary judgment dismissing the complaint against him.
On August 31, 1991, plaintiff, an infant, suffered an eye injury in a fishing accident. Plaintiff was brought to the emergency room at defendant Moses Ludington Hospital (hereinafter the hospital) by his aunt and was first examined by Andy Gorton, a physician’s assistant, who stated that plaintiff might need to see a specialist. Thereafter, Gorton was advised by defendant Glen…
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