PLATOVSKY v. CITY OF NEW YORK


199 A.D.2d 373 (1993)

605 N.Y.S.2d 368

Gerald Platovsky et al., Appellants, v. City of New York et al., Respondents, and Cumberland Hospital et al., Defendants

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 20, 1993


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendants' motion for summary judgment is denied, the complaint is reinstated, and the defendants are directed to comply with the pre-calendar conference order dated October 11, 1988.

On January 2 to 3, 1982, the injured plaintiff, a second-year medical resident, was "on call" at Cumberland Hospital and was therefore sleeping in an "on call room" on the seventh floor assigned...

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