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LOUISON v. ST. MARY'S HOSPITAL OF BROOKLYN

11 A.D.3d 518 (2004)

782 N.Y.S.2d 649

LINKY LOUISON et al., Appellants, v. ST. MARY'S HOSPITAL OF BROOKLYN, Also Known as CATHOLIC MEDICAL CENTER PHYSICIAN HOSPITAL ORGANIZATION, INC., et al., Respondents.

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

October 12, 2004.

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

The plaintiffs moved for summary judgment on the basis of the doctrine of res ipsa loquitur. This doctrine may not be used as the basis for granting summary judgment in favor of a plaintiff on the issue of liability (see Martinez v City of New York, 292 A.D.2d 349 [2002]; Capolongo v Giant Carpet, 292 A.D.2d 331

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