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MATTER OF O'SHEA v. STATE OF NEW YORK

36 A.D.3d 706 (2007)

829 N.Y.S.2d 561

In the Matter of MICHAEL O'SHEA et al., Respondents, v. STATE OF NEW YORK, Appellant.

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

Decided January 16, 2007.

Ordered that the order is affirmed, with costs.

In July 1998 the claimant Michael O'Shea (hereinafter the claimant) accidentally cut off two of his fingers while using a table saw. He packed the fingers in ice and went to the emergency room at the University Hospital & Medical Center at Stony Brook, a hospital owned and operated by the defendant. The claimant alleges that, despite repeated entreaties to the emergency room personnel by both he and his wife, he...

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