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TEMPLE v. NEW YORK COMMUNITY HOSP. OF BROOKLYN

2011-04827.

89 A.D.3d 926 (2011)

933 N.Y.S.2d 321

2011 NY Slip Op 8347

LORETTA TEMPLE, Respondent, v. NEW YORK COMMUNITY HOSPITAL OF BROOKLYN, Defendant, and TRANSCARE NEW YORK, INC., Doing Business as METROCARE, et al., Appellants.

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

Decided November 15, 2011.

Ordered that the order is reversed, on the law and the facts, with costs, that branch of the appellants' motion which was pursuant to CPLR 3211 (a) (5) to dismiss the amended complaint insofar as asserted against them is granted, and that branch of the appellants' motion which was pursuant to CPLR 3211 (a) (8) is denied as academic.

The plaintiff allegedly sustained personal injuries on March 12, 2004, in the course of being transported by ambulance to the defendant...

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