SAMPSON v. CONTILLO


55 A.D.3d 588 (2008)

865 N.Y.S.2d 634

REGINA SAMPSON et al., Appellants, v. MICHAEL A. CONTILLO et al., Defendants, and MOUNT VERNON HOSPITAL, Respondent.

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

October 7, 2008.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Mount Vernon Hospital which was for summary judgment dismissing all claims asserted against it which arose between September 5, 2000 and November 24, 2001 is denied.

"`To establish a prima facie case of liability in a medical malpractice action, a plaintiff must prove (1) the standard of care in the locality where the treatment occurred...

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