PALAGYE v. LOULMET

2019-05353. Index No. 23499/09.

203 A.D.3d 729 (2022)

160 N.Y.S.3d 662

2022 NY Slip Op 01303

Eugene Palagye, Respondent, v. Didier F. Loulmet et al., Defendants, and Lenox Hill Hospital, Appellant.

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

Decided March 2, 2022.


Attorney(s) appearing for the Case

Martin Clearwater & Bell LLP, East Meadow, NY ( Gregory A. Cascino , Rosaleen T. McCrory , Samantha E. Shaw , and Nicole S. Barresi of counsel), for appellant.

Silberstein, Awad & Miklos, P.C., Garden City, NY ( Veronica K. Sewnarine and Joseph Awad of counsel), for respondent.

Chambers, J.P., Roman, Genovesi and Dowling, JJ., concur.


Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiff sustained injuries, including a methicillin-resistant staphylococcus aureus infection and a stroke, after undergoing three aortic valve replacement procedures that were performed at the defendant Lenox Hill Hospital (hereinafter the hospital) on August 9, 2006, August 22, 2006, and January 18, 2007.

In June 2009, the plaintiff commenced this action to recover damages for...

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