GOBIND v. NERCESSIAN

Index No. 25769/14, Appeal No. 2257, Case No. 2023-03025.

2024 NY Slip Op 02591

SUBADRAH GOBIND AS ADMINISTRATOR OF THE ESTATE OF NARINE GOBIND, Plaintiff-Respondent, v. OHANNES NERCESSIAN, M.D., ET AL., Defendants-Appellants, NICHOLAS J. MORISSEY, M.D., Defendant.

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

Decided May 9, 2024.


Attorney(s) appearing for the Case

Aaronson Rappaport Feinstein & Deutsch, LLP, New York ( Elliott J. Zucker of counsel), for Ohannes Nercessian, M.D. and New York Presbyterian Hospital, appellants.

Martin Clearwater & Bell LLP, New York ( Barbara DeCrow Goldberg of counsel), for Stephanie Malliaris, M.D., appellant.

Harris Keenan & Goldfarb PLLC, New York ( Jason Steinberg of counsel), for respondent.

Before: Manzanet-Daniels, J.P., Singh, Kapnick, Gesmer, Rodriguez, JJ.


Order, Supreme Court, Bronx County (Alicia Gerez, J.), entered on or about April 20, 2023, which denied the motions of defendants Stephanie Malliaris, M.D., Ohannes Nercessian, M.D. and The New York Presbyterian Hospital (NYPH) for summary judgment dismissing the complaint, unanimously modified, on the law, to grant the motions as to the claims for lack of informed consent and negligent hiring, retention, and supervision, and otherwise affirmed, without costs.

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