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MARTIR v. ST. LUKE'S-ROOSEVELT HOSP. CTR.

Index No. 25494/14E. Appeal No. 435. Case No. 2022-03400.

219 A.D.3d 423 (2023)

2023 NY Slip Op 04478

Sandra Martir, as Administrator of the Estate of Margarita Fuentes, Deceased, Appellant, v. St. Luke's-Roosevelt Hospital Center, Respondent, et al., Defendants.

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

Decided August 31, 2023.

Attorney(s) appearing for the Case

Pena & Kahn, PLLC, Bronx ( Bruce Povman of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Judy C. Selmeci of counsel), for respondent.

Concur—Webber, J.P., González, Rodriguez, Pitt-Burke, JJ.

Order, Supreme Court, Bronx County (Joseph E. Capella, J.), entered June 3, 2022, which, insofar as appealed from as limited by the briefs, granted defendant St. Luke's-Roosevelt Hospital Center's (St. Luke's) motion for summary judgment dismissing the medical malpractice cause of action as against it, except insofar as the cause of action is predicated on alleged negligence related to use of a bed alarm, unanimously reversed,...

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