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WEINGARTEN v. ST. VINCENT'S HOSP. & MED. CTR.

2009-03704, Index No. 43329/01.

148 A.D.3d 1211 (2017)

2017 NY Slip Op 02464

50 N.Y.S.3d 516

GITA WEINGARTEN, as Administratrix of the Estate of MATHIS WEINGARTEN, Deceased, Appellant, v. ST. VINCENT'S HOSPITAL AND MEDICAL CENTER et al., Respondents.

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

Decided March 29, 2017.

Ordered that the order is affirmed, with costs.

The plaintiff commenced this wrongful death action based upon medical malpractice allegedly committed by the defendants in rendering care and treatment to the decedent for injuries arising from an alleged assault. The defendants moved for summary judgment dismissing the complaint, and the Supreme Court granted the motion.

To show that a defendant is liable for medical...

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