BRADLEY v. ST. BARNABAS HOSP.

Index No. 26673/18, Appeal No. 2310, Case No. 2022-02868.

2024 NY Slip Op 02751

JAMES EDWARD BRADLEY ETC., Plaintiff-Respondent, v. ST. BARNABAS HOSPITAL, Defendant-Appellant.

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

Decided May 16, 2024.


Attorney(s) appearing for the Case

Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP, White Plains ( Samantha E. Quinn of counsel), for appellant.

Thomas Torto , New York ( Jason Levine of counsel), for respondent.

Before: Webber, J.P., Kern, Shulman, Rodriguez, Pitt-Burke, JJ.


Order, Supreme Court, Bronx County (Joseph E. Capella, J.), entered on or about June 8, 2022, which, to the extent appealed from as limited by the briefs, denied the defendant St. Barnabas Hospital's motion for summary judgment dismissing the complaint, unanimously modified, on the law, to dismiss plaintiff's cause of action for wrongful death, and otherwise affirmed, without costs.

Plaintiff's expert created questions of fact as to whether defendant deviated from...

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