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CASALONE v. PRESBYTERIAN HOSPITAL OF THE CITY OF NEW YORK

276 A.D.2d 452 (2000)

716 N.Y.S.2d 291

JOSEPH CASALONE, Individually and as Guardian ad Litem for FRANCIS CASALONE, Respondent, v. PRESBYTERIAN HOSPITAL OF THE CITY OF NEW YORK et al., Defendants, and STEVEN M. SHULMAN et al., Appellants.

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

Decided October 31, 2000.

The motion was properly granted upon plaintiff's physician's affidavit, redacted as presented to defendants to delete the physician's name and signature but not redacted as presented to the motion court, stating that death was due to brain damage caused by the very same premature extubation alleged in the originally pleaded causes of action for malpractice and lack of informed consent (see, Zuck v Sierp, 169 A.D.2d 717; compare...

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