Tonetti v. Peekskill Community Hospital

In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Westchester County (Gurahian, J.), entered April 17, 1987, which, upon granting the defendant’s motion for judgment during trial, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The day after stepping on an allegedly rusty nail which punctured his foot, the plaintiff sought treatment at the defendant’s emergency room. The attending physician gave the plaintiff a tetanus shot and applied antiseptic. After feeling a lessening of pain for a few weeks, the…