Kosh v. Naughton

Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered February 1, 2006 in a medical malpractice action. The order dismissed the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is reversed on the law without costs and the complaint is reinstated.

Memorandum: Plaintiff commenced this medical malpractice action to recover damages for injuries she sustained because of the long-term placement of a metal tracheotomy tube in her throat. Defendants-respondents (defendants) each filed demands for, inter alia, a bill of particulars…