Cummo v. Children's Hospital of New York

Plaintiffs claim that their 14-year-old daughter’s tragic death resulted from a fungal infection acquired at defendant hospital *406and that the hospital is liable for negligently failing to correct, maintain or clean an unsafe or unclean or otherwise dangerous condition, which in turn caused her demise. Defendants deny both the presence of an unclean or unsafe condition and that any such condition caused Erin Cummo’s death and seek dismissal of the claims.

Based on our review of the record, which supports the trial court’s findings, we find that there was no basis for Dr. Grant to conclude that…