SCHALLERT v. MERCY HOSPITAL OF BUFFALO


281 A.D.2d 983 (2001)

722 N.Y.S.2d 668

SHIRLEY SCHALLERT et al., Respondents, v. MERCY HOSPITAL OF BUFFALO et al., Appellants.

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

Decided March 21, 2001.


Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiffs commenced this action to recover damages for injuries sustained by Shirley Schallert (plaintiff) as a result of her fall from an operating table while she was under general anesthesia and in the care of defendants. Supreme Court properly granted that part of plaintiffs' motion seeking partial summary judgment on liability against defendants...

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