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GAGNON v. ST. JOSEPH'S HOSP.

CA 11-00343.

2011 NY Slip Op 09692

JOSEPH F. GAGNON, JR. AND SHARON GAGNON, PLAINTIFFS-APPELLANTS, v. ST. JOSEPH'S HOSPITAL, THROUGH ITS OFFICERS, AGENTS AND/OR EMPLOYEES, RICHARD KELLEY, M.D., INDIVIDUALLY AND AS AN OFFICER, AGENT AND/OR EMPLOYEE OF ST. JOSEPH'S HOSPITAL, DAVID ENG, M.D., INDIVIDUALLY AND AS AN OFFICER, AGENT AND/OR EMPLOYEE OF ST. JOSEPH'S HOSPITAL, AND CRAIG MONTGOMERY, M.D., INDIVIDUALLY AND AS AN OFFICER, AGENT AND/OR EMPLOYEE OF ST. JOSEPH'S HOSPITAL, DEFENDANTS-RESPONDENTS.

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

Decided December 30, 2011.

Attorney(s) appearing for the Case

GUSTAVE J. DETRAGLIA, JR. , UTICA, FOR PLAINTIFFS-APPELLANTS.

SMITH, SOVIK, KENDRICK & SUGNET, P.C., SYRACUSE ( JAMES D. LANTIER OF COUNSEL), FOR DEFENDANTS-RESPONDENTS DAVID ENG, M.D., INDIVIDUALLY AND AS AN OFFICER, AGENT AND/OR EMPLOYEE OF ST. JOSEPH'S HOSPITAL, AND CRAIG MONTGOMERY, M.D., INDIVIDUALLY AND AS AN OFFICER, AGENT AND/OR EMPLOYEE OF ST. JOSEPH'S HOSPITAL.

SUGARMAN LAW FIRM, LLP, SYRACUSE ( JOSHUA M. GILLETTE OF COUNSEL), FOR DEFENDANT-RESPONDENT RICHARD KELLEY, M.D., INDIVIDUALLY AND AS AN OFFICER, AGENT AND/OR EMPLOYEE OF ST. JOSEPH'S HOSPITAL.

PRESENT: FAHEY, J.P., CARNI, SCONIERS, GORSKI, AND MARTOCHE, JJ.

It is hereby ORDERED that the order and judgment so appealed from is reversed on the law without costs, the motions are denied and the complaint against defendants Richard Kelley, M.D., David Eng, M.D., and Craig Montgomery, M.D., individually and as officers, agents and/or employees of St. Joseph's Hospital, is reinstated.

Memorandum: Plaintiffs commenced this action seeking damages for injuries allegedly sustained by Joseph F. Gagnon, Jr. (plaintiff) as a result...

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