DePesa v. Westchester Square Medical Center

Appellate Division of the Supreme Court of New York

DePesa v. Westchester Square Medical Center

248 A.D.2d 322, 670 N.Y.S.2d 99, 1998 N.Y. App. Div. LEXIS 3369

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

DecidedMarch 31, 1998

StatusPublished

This text of 248 A.D.2d 322 (DePesa v. Westchester Square 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

DePesa v. Westchester Square Medical Center, 248 A.D.2d 322, 670 N.Y.S.2d 99, 1998 N.Y. App. Div. LEXIS 3369 (N.Y. Ct. App. 1998).

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Opinion

—Order, Supreme Court, Bronx County (Howard Silver, J.), entered September 24, 1997, which, upon renewal, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Since plaintiffs expert’s opinion presented an issue of fact as to whether fluid overload in decedent’s system was a cause of her death, there is a triable issue as to whether the treatment rendered by nonparty Jacobi Hospital was an intervening [323]*323cause, superseding, as a matter of law, any liability of defendant arising from defendant’s emergency room treatment 20 days earlier.

We have considered plaintiff’s contentions for affirmative relief and find such relief to be unwarranted under the circumstances.

Concur — Ellerin, J. P., Wallach, Tom and Mazzarelli, JJ.

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—Order, Supreme Court, Bronx County (Howard Silver, J.), entered September 24, 1997, which, upon renewal, denied defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.

Since plaintiffs expert’s opinion presented an issue of fact as to whether fluid overload in decedent’s system was a cause of her death, there is a triable issue as to whether the treatment rendered by nonparty Jacobi Hospital was an intervening [323]*323cause, superseding, as a matter of law, any liability of defendant arising from defendant’s emergency room treatment 20 days earlier.

We have considered plaintiff’s contentions for affirmative relief and find such relief to be unwarranted under the circumstances.

Concur — Ellerin, J. P., Wallach, Tom and Mazzarelli, JJ.

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Bluebook (online)

248 A.D.2d 322, 670 N.Y.S.2d 99, 1998 N.Y. App. Div. LEXIS 3369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/depesa-v-westchester-square-medical-center-nyappdiv-1998.