Shah v. Mercy Medical Center
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Nassau County (Mahon, J.), entered May 7, 2009, which denied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
On the morning of March 10, 2005, the plaintiff, a urologist, was performing a lithotripsy procedure on a patient at premises owned by the defendant Mercy Medical Center. Such a procedure uses shock waves to eliminate kidney stones. At some point in the procedure, the plaintiff found it necessary to view an X-ray film…
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