CLARK v. RACHFAL

Motion No. 405/22. CA 21-00235.

210 A.D.3d 1456 (2022)

176 N.Y.S.3d 500

2022 NY Slip Op 06410

Geraldine Clark et al., Appellants-Respondents, v. Stephan J. Rachfal, M.D., Defendant, John Cucinotta, M.D., et al., Appellants, and Crouse Hospital Emergency Medicine Department et al., Respondents.

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

Decided November 10, 2022.


Motion for reargument be and the same hereby is granted in part and, upon reargument, the memorandum and order entered July 8, 2022 (207 A.D.3d 1173 [4th Dept 2022]) is amended by deleting the second and third sentences of the sixth paragraph of the memorandum and substituting the following sentences: "Dr. Kandel permitted plaintiff to leave the hospital while a review of her brain MRI was pending. Plaintiffs' expert opined that discharging plaintiff before a review of the...

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