MOTICIK v. SISTERS HEALTHCARE


19 A.D.3d 1052 (2005)

796 N.Y.S.2d 834

SHERYL MOTICIK, Individually and as Administratrix of the Estate of JOSEPH MOTICIK, Deceased, Respondent, v. SISTERS HEALTHCARE, Doing Business as SISTERS OF CHARITY HOSPITAL, et al., Appellants.

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

June 10, 2005.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum:

Supreme Court erred in denying defendants' motion seeking summary judgment dismissing the complaint in this medical malpractice action. Plaintiff's decedent was examined by defendant John Bielinski, Jr., P.A. for complaints of chest congestion, difficulty breathing and...

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