Legal Opinion

Martinez v. Presbyterian Hospital

Appellate Division of the Supreme Court of the State of New York

Decided October 1, 1992PublishedCited by 1 opinion

1Opinion of the Court

— Order, Supreme Court, Bronx County (Barry Salman, J.), entered December 20, 1991, which, insofar as appealed from, denied defendant-appellant’s cross motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

We agree with the IAS Court that defendant-appellant’s explanation as to why her name and signature appear in plaintiffs hospital record raises an issue of credibility inappropriate for summary judgment treatment, and that issues of fact exist concerning appellant’s involvement in the alleged misdiagnosis and mistreatment of plaintiffs condition (see,…

2Cases cited1 opinion

  1. Porcelli v. ZapparoAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by1 opinion

  1. Rotundo v. S & C Magnetic Resonance Imaging P. C.Appellate Division of the Supreme Court of the State of New York · 1998

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