BROOKS v. SOMERSET SURGICAL ASSOC.

10198, 116753/09.

106 A.D.3d 624 (2013)

966 N.Y.S.2d 65

2013 NY Slip Op 3774

ELLEN BROOKS, Respondent, v. SOMERSET SURGICAL ASSOCIATES et al., Appellants.

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

Decided May 28, 2013.


Plaintiff alleges she was injured when she fell from an operating table while under anesthesia for procedures being performed at defendants' medical facility. Although Dr. Sohn submitted an affidavit stating he was not present at the moment of plaintiff's fall, his motion for summary judgment was properly denied as premature, because essential facts concerning the cause of plaintiff's accident and the relationship between Dr. Sohn...

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