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SMALLS v. MERCY MEDICAL CENTER

50 A.D.3d 670 (2008)

854 N.Y.S.2d 535

MARGARET SMALLS, Respondent, v. MERCY MEDICAL CENTER, Appellant.

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

Decided April 1, 2008.

Ordered that the order is affirmed, with costs.

Contrary to the defendant's contention, the Supreme Court properly denied its motion for summary judgment dismissing the complaint. The plaintiff seeks to recover damages against the defendant based upon a theory of res ipsa loquitur. In support of its motion, the defendant failed to make a prima facie showing of entitlement to judgment as a matter of law (see Winegrad v New York Univ. Med. Ctr.,

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