NOONAN v. NEW YORK BLOOD CENTER, INC.


269 A.D.2d 323 (2000)

703 N.Y.S.2d 468

JOSEPH NOONAN, Respondent, v. NEW YORK BLOOD CENTER, INC., Defendant, and ST. LUKE'S HOSPITAL, Appellant.

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

Decided February 29, 2000.


The IAS Court erred in denying defendant's motion for summary judgment. The affidavits and exhibits submitted by the defendant hospital on the motion demonstrated that, contrary to the assumption upon which plaintiff's lawsuit is based, no blood transfusions or blood products had been administered to plaintiff during his three admissions for procedures related to a fractured wrist. This evidence satisfied defendant's burden of demonstrating entitlement to judgment as a matter...

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