Brooks v. Somerset Surgical Associates

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered September 15, 2011, which, to the extent appealed from as limited by the briefs, denied defendants’ motion for summary judgment dismissing the complaint as against defendant Dr. Norman Sohn, M.D., and to dismiss the action pursuant to CPLR 3215 (c) as against defendant Somerset Surgical Associates, EC., unanimously affirmed, with costs.

Plaintiff alleges she was injured when she fell from an operating table while under anesthesia for procedures being performed at defendants’ medical facility. Although Dr. Sohn submitted an…