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KHAN v. EPISCOPAL HEALTH SERVS., INC.

255 A.D.2d 422 (1998)

680 N.Y.S.2d 853

K.M.K. Genghis Khan, as Administrator of The Estate of Mohamed Khan, Also Known as Mohammed Khan, Deceased, Respondent, v. Episcopal Health Services, Inc., Doing Business as St. John's Episcopal Hospital South Shore Division, Respondent, et al., Defendant, and Paul C. Moulinie et al., Appellants

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

November 16, 1998

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Contrary to the appellants' contentions, the trial court properly denied their cross motion for summary judgment because of the existence of material questions of fact (see, Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851; Zuckerman v City of New York, 49 N.Y.2d 557, 562).

The appellants...

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