La v. New York Infirmary/Beekman Downtown Hospital

Order, Supreme Court, New York County (Stanley Sklar, J.), entered July 18, 1994, which, insofar as appealed from, denied defendant-appellant’s motion for summary judgment dismissing the complaint as against it with leave to renew upon completion of disclosure, unanimously affirmed, without costs.

We agree with the IAS Court that it would be premature to grant appellant summary judgment at this juncture, before plaintiff has had an opportunity to take the depositions of the attending physicians and others who might have knowledge concerning the key issue in the action, namely, whether the…