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LYONS v. ST. LUKE'S-ROOSEVELT HOSP. CTR.

240 A.D.2d 349 (1997)

659 N.Y.S.2d 761

Jennifer Lyons, Respondent, v. St. Luke's-Roosevelt Hospital Center et al., Defendants, Ira Sturman et al., Appellants, and Joseph Iaccovelli, Respondent. Ira M. Sturman et al., Third-Party Plaintiffs-Appellants, v. George M. Lyons, Third-Party Defendant-Respondent

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

June 26, 1997

The IAS Court properly found that defendants' own deposition testimony raises material issues of fact with respect to their involvement in plaintiff's post-surgical care and responsibility for the neurological damage to plaintiff's legs. Summary judgment was also properly denied with respect to the counterclaim against plaintiff and the third-party complaint against her father for payment of the surgical bill since questions of fact exist with respect to the quality of medical...

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