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BERKOWITZ v. EQUINOX ONE PARK AVENUE, INC.

11203, 26431/15E.

181 A.D.3d 436 (2020)

121 N.Y.S.3d 20

2020 NY Slip Op 01553

Wendy Berkowitz, Respondent, v. Equinox One Park Avenue, Inc., Appellant, et al., Defendants.

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

Decided March 5, 2020.

Defendant failed to establish its entitlement to summary judgment on the entire complaint. When the "gravamen of the action concerns the alleged failure to exercise ordinary and reasonable care to insure that no unnecessary harm befell the patient, the claim sounds in ordinary negligence" (D'Elia v Menorah Home & Hosp. for the Aged & Infirm, 51 A.D.3d 848, 851 [2d Dept 2008] [internal...

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