COLLINS v. JAMAICA HOSP.


195 A.D.2d 534 (1993)

600 N.Y.S.2d 729

James J. Collins, as Public Administrator of The Estate of Muriel James, Deceased, Respondent, v. Jamaica Hospital et al., Appellants, et al., Defendants

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

July 19, 1993


Ordered that the order is reversed, on the law, with one bill of costs, the appellants' motions are granted, and the cause of action to recover damages for conscious pain and suffering is dismissed.

The affidavits of two doctors and the attached anesthesia report of the plaintiff submitted by the appellants were sufficient to make out a prima facie showing of entitlement to judgment as a matter of law on the issue of whether the plaintiff's decedent was rendered unconscious...

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