Litwak v. Our Lady of Victory Hospital of Lackawanna

—Order unanimously reversed on the law with costs, motion denied, complaint and cross claims reinstated and summary judgment granted to plaintiff dismissing second affirmative defense. Memorandum: In this medical malpractice action arising out of the death of plaintiff’s decedent following treatment in a hospital emergency room, plaintiff appeals from an order granting the motion of defendant Kenneth H. Eckhert, Jr., M.D., for summary judgment dismissing the complaint and cross claims against him as barred by workers’ compensation. We conclude that Supreme Court erred in granting Eckhert’s…