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SABBATINO v. SUSSMAN

282 A.D.2d 665 (2001)

723 N.Y.S.2d 706

BENEDETTO J. SABBATINO et al., Appellants, v. DAVID SUSSMAN, Defendant, and NEW YORK METHODIST HOSPITAL, Respondent.

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

Decided April 23, 2001.

Ordered that the order is affirmed, with costs.

The defendant New York Methodist Hospital (hereinafter the Hospital) demonstrated its entitlement to judgment as a matter of law (see, Zuckerman v City of New York, 49 N.Y.2d 557). In response, the plaintiffs failed to raise a triable issue of fact (see, Toth v Community Hosp., 22 N.Y.2d 255; Fiorentino v Wenger,

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