DUNCAN v. MT. ST. MARY'S HOSP


176 Misc.2d 201 (1998)

672 N.Y.S.2d 657

Sandra Duncan, as Temporary Administratrix of The Estate of Donald E. Lewis, Deceased, Plaintiff, v. Mount St. Mary's Hospital of Niagara Falls et al., Defendants.

Supreme Court, Erie County.

March 19, 1998.


Attorney(s) appearing for the Case

Harris, Beach & Wilcox (Philip G. Spellane of counsel), for Mount St. Mary's Hospital of Niagara Falls, defendant. John J. Fromen & Associates (John J. Fromen of counsel), for plaintiff.


ROSE H. SCONIERS, J.

Following the close of plaintiff's proof on the issue of liability, defendant Mount St. Mary's Hospital of Niagara Falls (Hospital), pursuant to CPLR 4401, seeks judgment dismissing the plaintiff's complaint. Defendant Hospital contends and plaintiff concedes that plaintiff's proof has failed to establish a prima facie case of negligence in the Hospital's care and treatment of Donald Lewis...

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