KRAUT v. WEST


184 Misc.2d 539 (2000)

708 N.Y.S.2d 836

DAVID M. KRAUT, as Executor of MARTHA R. KRAUT, Deceased, Plaintiff, v. STANLEY T. WEST et al., Defendants.

Supreme Court, New York County.

May 23, 2000.


Attorney(s) appearing for the Case

Toberoff, Tessler & Schochet, L. L. P., New York City (Patricia O'Brien of counsel), for plaintiff.

Aaronson, Rappaport, Feinstein & Deutsch, L. L. P., New York City (Anne O'Beirne of counsel), for Francesco Resta-Flarer and others, defendants.

McAloon & Friedman, P. C., New York City (Wayne Roth of counsel), for Stanley T. West and another, defendants.

Solomon, Zauderer, Ellenhorn, Frischer & Sharp, New York City (Lalah Ispahani of counsel), for New York Blood Center, Inc., doing business as The Greater New York Blood Program, and another, defendants.

Smith, Mazure, Director, Wilkins, Young, Yagerman & Tarallo, P. C., New York City (Cary Maynard of counsel), for Haemonetics Corporation, defendant.


OPINION OF THE COURT

STANLEY L. SKLAR, J.

This is an action sounding in medical malpractice, negligence and products liability arising out of the death of plaintiff's decedent, Martha Kraut (Kraut). Kraut suffered cardiac arrest during a myomectomy and ovarian cystectomy performed at defendant, St. Luke's Roosevelt Hospital (the hospital). It is claimed that the cardiac arrest resulted when a cell saver machine which was being used during surgery to clean...

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