Rosario v. Ottaviano

—Order, Supreme Court, New York County (Karla Moskowitz, J.), entered September 11, 1997, which denied defendant New York Downtown Hospital’s motion for summary judgment dismissing the complaint as against it, unanimously reversed, on the law, without costs, and the motion for summary judgment granted. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against it.

Plaintiff correctly concedes on this appeal that the hospital defendant established its prima facie entitlement to summary judgment in this medical malpractice action. The physician…