LA v. NEW YORK INFIRMARY/BEEKMAN DOWNTOWN HOSP.


214 A.D.2d 425 (1995)

625 N.Y.S.2d 36

Felix La, Individually and as Administrator of The Estate of Jennie La, Deceased, Respondent, v. New York Infirmary/Beekman Downtown Hospital et al., Defendants, and Davol, Inc., Appellant

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

April 18, 1995


We agree with the IAS Court that it would be premature to grant appellant summary judgment at this juncture, before plaintiff has had an opportunity to take the depositions of the attending physicians and others who might have knowledge concerning the key issue in the action, namely, whether the catheter was improperly inserted in the deceased's neck initially or was properly implanted in her chest and migrated to her neck due to a defect in the product. This factual issue...

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