SHUMAKE v. SAMARITAN HOSPITAL OF SUFFERN, N.Y.

2009-01973.

77 A.D.3d 729 (2010)

908 N.Y.S.2d 592

REBECCA SHUMAKE, Appellant, v. SAMARITAN HOSPITAL OF SUFFERN, N.Y., et al., Respondents.

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

Decided October 12, 2010.


Ordered that the order is reversed, on the law, with costs, and the motion for summary judgment dismissing the complaint is denied.

Contrary to the determination of the Supreme Court, the defendants failed to sustain their initial burden of establishing their prima facie entitlement to judgment as matter of law (see generally Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). Accordingly, their motion for summary...

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