NIEVES v. UNION HOSP. OF THE BRONX


246 A.D.2d 485 (1998)

667 N.Y.S.2d 258

Rose Nieves, Individually and as Administratrix of The Estate of Efrain Morales, Jr., Deceased, et al., Appellants, v. Union Hospital of the Bronx, Appellant, and City of New York, Respondent

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

January 29, 1998


The action was properly dismissed as against the City on the ground that plaintiffs' allegations fail to show that the City's police officers were negligent in taking plaintiffs' decedent to the hospital, or, assuming negligence, that the decedent would not have died had the police officers acted differently. Defendant hospital's motion to interpose a third-party claim against the City was properly denied for the...

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