PLATO v. GUNERATNE


54 A.D.3d 741 (2008)

863 N.Y.S.2d 726

STANLEY PLATO, Appellant, v. FRANKLIN GUNERATNE et al., Defendants, ST. LUKE'S CORNWALL HOSPITAL, as Successor by Merger to St. Luke's Hospital of Newburgh, Respondent.

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

September 9, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion which was for summary judgment dismissing so much of the complaint as sought to recover damages against the defendant St. Luke's Cornwall Hospital, successor by merger to St. Luke's Hospital of Newburgh, for the postoperative care provided to the plaintiff's decedent by its nursing staff and anesthesiologist is denied.

"The requisite elements of proof...

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