Nealy v. US Healthcare HMO

—Order, Supreme Court, Bronx County (Kenneth Thompson, Jr., J.), entered May 19, 1997, which denied defendant Yung’s motion for summary judgment, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against him.

Plaintiff alleges that her decedent husband died of cardiac arrest during delay in the processing of application for proper medical care and treatment. Her wrongful death action was removed to Federal court in 1993, where it was dismissed…