Thompson v. Mount Sinai Hospital

Appellate Division of the Supreme Court of New York

Thompson v. Mount Sinai Hospital

7 A.D.3d 264, 776 N.Y.S.2d 40, 2004 N.Y. App. Div. LEXIS 6503

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

DecidedMay 4, 2004

StatusPublished

This text of 7 A.D.3d 264 (Thompson v. Mount Sinai Hospital) 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

Thompson v. Mount Sinai Hospital, 7 A.D.3d 264, 776 N.Y.S.2d 40, 2004 N.Y. App. Div. LEXIS 6503 (N.Y. Ct. App. 2004).

Pincite

Opinion

Order, Supreme Court, New York County (Harold B. Beeler, J.), entered on or about July 9, 2003, which, to the extent appealed from, denied defendant’s motion to dismiss the complaint for legal insufficiency and granted plaintiffs’ cross motion to amend their pleadings and bill of particulars, unanimously affirmed, without costs.

Plaintiff Kenneth Thompson, an employee of a subcontractor performing work on defendant’s property, alleged that he was seriously injured when he tripped over debris after descending a ladder. Defendant moved to dismiss on the ground that the complaint failed to specify in sufficient detail the precise location of the accident. The complaint was entitled to liberal [265]*265construction. Any shortcomings in the pleadings were correctable by amendment, and defendant failed to demonstrate prejudice thereby, notwithstanding the passage of time. Concur— Nardelli, J.P., Andrias, Sullivan and Ellerin, JJ.

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Order, Supreme Court, New York County (Harold B. Beeler, J.), entered on or about July 9, 2003, which, to the extent appealed from, denied defendant’s motion to dismiss the complaint for legal insufficiency and granted plaintiffs’ cross motion to amend their pleadings and bill of particulars, unanimously affirmed, without costs.

Plaintiff Kenneth Thompson, an employee of a subcontractor performing work on defendant’s property, alleged that he was seriously injured when he tripped over debris after descending a ladder. Defendant moved to dismiss on the ground that the complaint failed to specify in sufficient detail the precise location of the accident. The complaint was entitled to liberal [265]*265construction. Any shortcomings in the pleadings were correctable by amendment, and defendant failed to demonstrate prejudice thereby, notwithstanding the passage of time. Concur— Nardelli, J.P., Andrias, Sullivan and Ellerin, JJ.

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Bluebook (online)

7 A.D.3d 264, 776 N.Y.S.2d 40, 2004 N.Y. App. Div. LEXIS 6503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-mount-sinai-hospital-nyappdiv-2004.