MATTER OF JOSEPH v. CITY OF NEW YORK

2926, 15934/97.

74 A.D.3d 440 (2010)

905 N.Y.S.2d 146

Matter of AUBREY JOSEPH, SR., Deceased, by ETHEL GRIFFIN, Public Administrator of New York County, Appellant, v. CITY OF NEW YORK et al., Defendants, and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided June 1, 2010.


Plaintiff's decedent was treated at Lincoln Medical and Mental Health Center, a hospital owned and operated by HHC, for injuries sustained after being struck by a fire truck. During his hospital stay, the decedent was followed by the trauma, neurosurgery and orthopedics departments. A short leg cast was placed on the decedent's left foot. Daily follow-up entries noted continued monitoring of the patient's condition. Despite treatment, the decedent developed gangrene on his...

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