ROSARIO v. OTTAVIANO


251 A.D.2d 147 (1998)

674 N.Y.S.2d 328

Juana Rosario, Respondent, v. Lawrence J. Ottaviano, Defendant, and New York Downtown Hospital, Appellant

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

June 18, 1998


Plaintiff correctly concedes on this appeal that the hospital defendant established its prima facie entitlement to summary judgment in this medical malpractice action. The physician defendant, Dr. Ottaviano, admitted that he alone performed the colonoscopy that resulted in plaintiff's injury and the hospital presented additional evidence corroborating this. However, plaintiff incorrectly asserts that she established a triable issue of fact as to whether one of the hospital...

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