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STOVALL v. LENOX HILL HOSP.

Index No. 152860/17. Appeal No. 14865-14865A. Case Nos. 2021-01390, 2021-01391.

200 A.D.3d 570 (2021)

155 N.Y.S.3d 333

2021 NY Slip Op 07074

Felicia Stovall, Appellant, v. Lenox Hill Hospital, Respondent.

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

Decided December 16, 2021.

Attorney(s) appearing for the Case

Sacco & Fillas, LLP, Astoria ( Albert R. Matuza, Jr. , of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Patrick J. Lawless of counsel), for respondent.

Concur—Kapnick, J.P., Friedman, González, Rodriguez, Pitt, JJ.

Defendant established prima facie that there was no defective or hazardous condition at the premises by showing that plaintiff had abandoned that claim (see Rudner v New York Presbyt. Hosp., 42 A.D.3d 357 [1st Dept 2007]). In opposition, plaintiff failed to raise an issue of fact. Her "supplemental" bill of particulars asserting a new theory of liability was in fact an amended bill of...

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