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DIAZ v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION

289 A.D.2d 365 (2001)

734 N.Y.S.2d 882

EVETTE DIAZ, Appellant, v. NEW YORK CITY HEALTH & HOSPITALS CORPORATION et al., Respondents.

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

Decided December 17, 2001.

Ordered that the order is reversed, as a matter of discretion, with costs, the cross motion is denied, the complaint is reinstated insofar as asserted against the defendants New York City Health & Hospitals Corporation and Joseph Garone, and the motion is granted.

Following opening statements in the trial of this action in May 2000, the Supreme Court entertained the cross motion of the New York City Health & Hospitals Corporation and Joseph Garone (hereinafter...

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