McCarthy v. St. Joseph's Medical Center

Order, Supreme Court, New York County (Sheila AbdusSalaam, J.), entered November 18, 2003, which, in an action for personal injuries and wrongful death based on medical malpractice, insofar as appealed from as limited by the briefs, granted defendant-respondent’s motion for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

*244Assuming in plaintiffs favor that an issue of fact exists as to whether defendant admitted the decedent to the hospital (cf. Gier v CGF Health Sys., 307 AD2d 729 [2003]), we would affirm on the ground that no issue of fact exists…