ACEITUNO v. ON CHAN


46 A.D.3d 716 (2007)

848 N.Y.S.2d 699

JOHANNA ACEITUNO, Respondent, v. LAI ON CHAN et al., Defendants, and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (WOODHULL HOSPITAL), Appellant.

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

Decided December 18, 2007.


Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, the plaintiff's motion is denied, and the cross motion to dismiss the amended complaint insofar as asserted against the defendant New York City Health and Hospitals Corporation (Woodhull Hospital) is granted.

On October 31, 2002, and again on November 4, 2002, the infant plaintiff received emergency pediatric care for vomiting, diarrhea, and a fever at Woodhull Medical...

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