MAESTRI v. PASHA

2018-04929. Index No. 31970/15.

198 A.D.3d 632 (2021)

153 N.Y.S.3d 615

2021 NY Slip Op 05329

Louise Maestri, Respondent, v. Ghousia Pasha et al., Defendants, and Andrew Goldenberg et al., Appellants.

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

Decided October 6, 2021.


Attorney(s) appearing for the Case

Law Offices of Benvenuto & Slattery (Rubin Sheeley Paterniti Gonzalez Kaufman LLP, New York, NY [ James W. Tuffin ], of counsel), for appellants.

Austin, J.P., Hinds-Radix, Barros and Genovesi, JJ. concur.


Ordered that the order is affirmed insofar as appealed from, without costs or disbursements.

On June 2, 2013, the plaintiff's decedent (hereinafter the decedent), then 64 years old and suffering from multiple sclerosis, was admitted to the defendant Nyack Hospital (hereinafter the hospital) from a rehabilitation facility for, among other things, abdominal distention and pain. The decedent was referred by an attending physician at the hospital for evaluation by various...

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