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OCASIO-GARY v. LAWRENCE HOSPITAL

1465, 1466, 1467N, 1467NA, 6229/99, 86084/07

69 A.D.3d 403 (2010)

894 N.Y.S.2d 11

2010 NY Slip Op 3

CINDY OCASIO-GARY, Respondent, v. LAWRENCE HOSPITAL et al., Appellants, et al., Defendants. (And a Third-Party Action.) CINDY OCASIO-GARY, Appellant, v. ST. BARNABAS HOSPITAL, Respondent, et al., Defendants. (And a Third-Party Action.) CINDY OCASIO-GARY, Respondent, v. LAWRENCE HOSPITAL et al., Defendants, and GARY B. ORIN, Appellant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of New York, First Department.

Decided January 5, 2010.

The affirmation of St. Barnabas's medical expert fails to establish prima facie that the treatment of plaintiff's decedent in the emergency room of St. Barnabas Hospital comported with good and accepted practice. The record shows that the decedent was brought to the emergency room by ambulance with complaints of headache, nausea, palpitations and of having an anxiety attack that was not relieved by medications that had been previously prescribed by his private physicians...

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