MUSCATELLO v. CITY OF NEW YORK


215 A.D.2d 463 (1995)

627 N.Y.S.2d 567

Catherine Muscatello, Individually and as Administratrix of The Estate of Michael Muscatello, Deceased, et al., Appellants, v. City of New York et al., Defendants, and Anthony S. Sgarlato, Respondent

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

May 8, 1995


Ordered that the order is reversed insofar as appealed from, with costs, and the motion is denied.

The death of the infant plaintiff allegedly was caused by the medical malpractice of, inter alia, the defendant Anthony S. Sgarlato, a medical doctor. The Supreme Court granted Sgarlato summary judgment and dismissed the complaint insofar as it was asserted against him. We now reverse.

The proponent of a summary...

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