Byrnes v. Scott

— Judgment, Supreme Court, New York County (Stanley L. Sklar, J.), entered March 12, 1991, which granted the motion of defendant, Lenox Hill Hospital, for summary judgment dismissing the complaint, unanimously reversed, on the law and on the facts, without costs, the judgment vacated, the motion denied, and the complaint reinstated.

On or about February 1, 1979, in Lenox Hill Hospital (Hospital), Dr. W. Norman Scott (Dr. Scott) performed a high tibial endosteotomy on Mr. John Byrnes, in order to relieve pain and increase mobility of the left knee. Thereafter, on February 5, 1979, while…