Smith v. Brookdale Hospital Medical Center

Appellate Division of the Supreme Court of New York

Smith v. Brookdale Hospital Medical Center

173 A.D.2d 691, 571 N.Y.S.2d 1010, 1991 N.Y. App. Div. LEXIS 8197

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

DecidedMay 28, 1991

StatusPublished

This text of 173 A.D.2d 691 (Smith v. Brookdale Hospital 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

Smith v. Brookdale Hospital Medical Center, 173 A.D.2d 691, 571 N.Y.S.2d 1010, 1991 N.Y. App. Div. LEXIS 8197 (N.Y. Ct. App. 1991).

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Opinion

In an action to recover [692]*692damages for medical malpractice, the defendant appeals from so much of an order of the Supreme Court, Kings County (Bellard, J.), dated September 18, 1989, as denied its motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Under the unique circumstances of this case, we conclude that the Supreme Court did not err in assuming the role of parens patriae with respect to the infant plaintiff and in denying the defendant’s motion for summary judgment (see, Humbert v Misericordia Hosp. Med. Center, 140 AD2d 185). We note that the court’s denial was without prejudice to renew after the results of an investigation by a medical malpractice panel, an investigation which the court directed be held expeditiously. Mangano, P. J., Bracken, Brown and Balletta, JJ., concur.

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In an action to recover [692]*692damages for medical malpractice, the defendant appeals from so much of an order of the Supreme Court, Kings County (Bellard, J.), dated September 18, 1989, as denied its motion for summary judgment.

Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

Under the unique circumstances of this case, we conclude that the Supreme Court did not err in assuming the role of parens patriae with respect to the infant plaintiff and in denying the defendant’s motion for summary judgment (see, Humbert v Misericordia Hosp. Med. Center, 140 AD2d 185). We note that the court’s denial was without prejudice to renew after the results of an investigation by a medical malpractice panel, an investigation which the court directed be held expeditiously. Mangano, P. J., Bracken, Brown and Balletta, JJ., concur.

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Bluebook (online)

173 A.D.2d 691, 571 N.Y.S.2d 1010, 1991 N.Y. App. Div. LEXIS 8197, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-brookdale-hospital-medical-center-nyappdiv-1991.

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