Ashford v. Rochester Hospital Service Corp.

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: This action arises from the alleged failure of defendants Genesee Valley Group Health Association (GVGHA) and Wilson Health Center (Wilson) to diagnose the presence of a lobulated acoustic neuroma in the right ear of plaintiff. On a prior appeal, we affirmed the order denying the motion of *955GVGHA and Wilson for summary judgment (Ashford v Rochester Hosp. Serv. Corp., 176 AD2d 1252). After further discovery, a new motion was made before a different Judge. Supreme Court found…