JIMINIAN v. ST. BARNABAS HOSPITAL

5165, 17509/07.

84 A.D.3d 647 (2011)

923 N.Y.S.2d 323

DAVID JIMINIAN, Respondent, v. ST. BARNABAS HOSPITAL et al., Appellants, et al., Defendants.

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

Decided May 26, 2011.


The motion court correctly determined that following defendants' showing of entitlement to judgment as a matter of law, plaintiff demonstrated the existence of triable issues of fact precluding dismissal of the action as against defendants through plaintiff's own testimony and the report submitted by his expert. Plaintiff's testimony concerning his wife's complaints of dizziness and shortness of breath are res gestae, admissible as simple expressions of suffering by the injured...

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