Critelli v. Long Island Jewish-Hillside Medical Center

Appellate Division of the Supreme Court of New York

Critelli v. Long Island Jewish-Hillside Medical Center

115 A.D.2d 632, 496 N.Y.S.2d 290, 1985 N.Y. App. Div. LEXIS 55071

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

DecidedDecember 23, 1985

StatusPublished

Cited by4 cases

This text of 115 A.D.2d 632 (Critelli v. Long Island Jewish-Hillside Medical Center) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Critelli v. Long Island Jewish-Hillside Medical Center, 115 A.D.2d 632, 496 N.Y.S.2d 290, 1985 N.Y. App. Div. LEXIS 55071 (N.Y. Ct. App. 1985).

Pincite

Opinion

In a negligence and medical malpractice action to recover damages for personal injuries, defendants Metropolitan Surgical Group, P. C. and Leonard C. Burson appeal from an order of the Supreme Court, Queens County (Le Vine, J.), dated December 10, 1984, which denied their motion for summary judgment dismissing the complaint as against them.

Order affirmed, with costs.

Appellant Leonard Burson, practicing "by and through” appellant Metropolitan Surgical Group, P. C., has failed to negate, as a matter of law, the inference of negligence that may be drawn as a result of his failure to observe and remove a laparotomy pad, measuring 100 to 144 square inches, which he had placed in the plaintiffs abdomen during surgery (see, Benson v Dean, 232 NY 52, 56; Blackburn v Baker, 227 App Div 588). Appellant physician’s pretrial deposition arguably raises triable issues of fact with respect to the issue of liability (cf. Freeman v Easy Glider Roller Rink, 114 AD2d 436). Under these circumstances, appellants’ motion for summary judgment was properly denied, despite the fact that plaintiff did not submit an affidavit of a medical expert (see, Winegrad v New York Univ. Med. Center, 64 NY2d 851, 853). Gibbons, J. P., Bracken, Brown and Lawrence, JJ., concur.

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In a negligence and medical malpractice action to recover damages for personal injuries, defendants Metropolitan Surgical Group, P. C. and Leonard C. Burson appeal from an order of the Supreme Court, Queens County (Le Vine, J.), dated December 10, 1984, which denied their motion for summary judgment dismissing the complaint as against them.

Order affirmed, with costs.

Appellant Leonard Burson, practicing "by and through” appellant Metropolitan Surgical Group, P. C., has failed to negate, as a matter of law, the inference of negligence that may be drawn as a result of his failure to observe and remove a laparotomy pad, measuring 100 to 144 square inches, which he had placed in the plaintiffs abdomen during surgery (see, Benson v Dean, 232 NY 52, 56; Blackburn v Baker, 227 App Div 588). Appellant physician’s pretrial deposition arguably raises triable issues of fact with respect to the issue of liability (cf. Freeman v Easy Glider Roller Rink, 114 AD2d 436). Under these circumstances, appellants’ motion for summary judgment was properly denied, despite the fact that plaintiff did not submit an affidavit of a medical expert (see, Winegrad v New York Univ. Med. Center, 64 NY2d 851, 853). Gibbons, J. P., Bracken, Brown and Lawrence, JJ., concur.

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Bluebook (online)

115 A.D.2d 632, 496 N.Y.S.2d 290, 1985 N.Y. App. Div. LEXIS 55071, Counsel Stack Legal Research, https://law.counselstack.com/opinion/critelli-v-long-island-jewish-hillside-medical-center-nyappdiv-1985.

Opinion

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