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VASQUEZ v. ST. LUKE'S-ROOSEVELT HOSPITAL

297 A.D.2d 269 (2002)

746 N.Y.S.2d 485

JESUS VASQUEZ, Respondent, v. ST. LUKE'S-ROOSEVELT HOSPITAL et al., Respondents, and JAMES B. GABRIEL, M.D., Appellant.

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

Decided August 29, 2002.

Defendant Dr. Gabriel did not meet his burden to prove that no questions of fact exist (Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324). In support of his motion for summary judgment, defendant Dr. Gabriel stated that he had nothing to do with plaintiff's care at defendant hospital, and that this is not the first time he has been confused with another "Gabriel" connected with defendant hospital. In opposition, plaintiff submitted portions...

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