MENDEZ v. CITY OF NEW YORK


295 A.D.2d 487 (2002)

744 N.Y.S.2d 847

VLADYMIR MENDEZ et al., Respondents, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Appellant.

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

Decided June 17, 2002.


Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.

The defendant New York City Health and Hospitals Corporation (hereinafter NYCHHC) established through medical records and competent expert affidavits that it did not deviate or depart from accepted medical practice in its treatment of the plaintiffs (see...

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