DELPRETE v. VICTORY MEM'L HOSP.


191 A.D.2d 673 (1993)

595 N.Y.S.2d 809

Carl Delprete, as Administrator of The Estate of Anne Delprete, Deceased, Respondent, v. Victory Memorial Hospital, Appellant, et al., Defendants

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

March 29, 1993


Ordered that the order is affirmed, with costs.

The defendant hospital moved for summary judgment on the ground that the decedent was at all times under the care of the codefendant Dr. Jitendra C. Shah, a private attending physician, and that its staff properly followed his orders. As the moving party, the hospital was required to make a prima facie showing of entitlement to judgment as a matter of law, presenting sufficient...

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