D'Elia v. Menorah Home & Hospital for the Aged and Infirm

(dissenting and voting to affirm the order, with the following memorandum, in which Angiolillo, J., concurs):

Although couched in terms of negligence, the first cause of action is, in actuality, a cause of action to recover damages for medical malpractice. Since the defendant (hereinafter Menorah Home) was entitled to summary judgment dismissing that cause of action in its entirety, I must respectfully dissent.

When misfeasance occurring within the context of a physician-patient relationship causes injury to the patient, a cause of action to recover damages for that injury sounds in medical…