McCORMICK v. OUR LADY OF MERCY MEDICAL CENTER


261 A.D.2d 334 (1999)

690 N.Y.S.2d 430

PATRICIA McCORMICK, Respondent, v. OUR LADY OF MERCY MEDICAL CENTER, Appellant.

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

Decided May 27, 1999.


The court erred to the extent that it interpreted the April 15, 1997 order of Justice Luis Gonzalez as granting defendant leave to renew its original summary judgment motion upon taking the deposition of a witness with personal knowledge of the accident, since that prior order indicated that renewal was premised on defendant's production of a witness with knowledge of plaintiff's alleged status as a special employee. Nevertheless, summary judgment was properly denied. There...

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