Reustle v. Petraco

In an action to recover damages for medical malpractice, the third-party defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Nassau County (Diamond, J.), entered October 21, 2014, as denied its motion for summary judgment dismissing the third-party complaint.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

The plaintiffs decedent, Barbara Reustle, underwent a hip replacement procedure at the defendant St. Charles Hospital on November 30, 2009. Following the surgery, from December 7, 2009, through January 4,…