MACKO v. RAINSTEIN


278 A.D.2d 931 (2000)

718 N.Y.S.2d 687

PAUL F. MACKO et al., Respondents, v. MIGUEL A. RAINSTEIN et al., Appellants.

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

Decided December 27, 2000.


Order unanimously affirmed with costs.

Memorandum:

Plaintiffs commenced this action to recover damages for an ulnar nerve compression injury allegedly sustained by plaintiff Paul F. Macko during an emergency appendectomy performed at defendant hospital. Supreme Court properly denied defendants' motions for summary judgment dismissing the complaint. Although defendants met their initial burdens on the motions, the affidavit of plaintiffs' expert raises triable...

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