LOPEZ-MARALDO v. CICCONE


292 A.D.2d 348 (2002)

739 N.Y.S.2d 577

LAURA LOPEZ-MARALDO et al., Respondents, v. RALPH J. CICCONE, Respondent, et al., Defendants, and VISITING NURSE ASSOCIATION HEALTH CARE SERVICES, INC., Appellant.

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

Decided March 4, 2002.


Ordered that the order is affirmed insofar as appealed from, with costs.

The appellant made a prima facie showing of entitlement to summary judgment. In opposition, the respondents submitted evidence raising triable issues of fact as to whether the appellant was negligent in failing to properly notify the attending physician of all the relevant symptoms the injured plaintiff was experiencing, and/or in failing to increase...

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