Brown v. Soldiers & Sailors Memorial Hospital

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: The court properly denied the motion for summary judgment of defendant Soldiers and Sailors Memorial Hospital. On its motion, the hospital failed to address plaintiff’s allegation that it was negligent in prescribing painkillers by telephone the morning after he had received stitches for an arm laceration. It submitted an affidavit of a nurse who concluded that the treatment rendered by the nurses was consistent with medical and nursing standards. A physician at the…