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SALANDY v. BRYK

55 A.D.3d 147 (2008)

864 N.Y.S.2d 46

JOAN SALANDY, Respondent, v. ELI BRYK, M.D., et al., Defendants, and KINGSBROOK JEWISH MEDICAL CENTER, Appellant.

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

September 9, 2008.

Attorney(s) appearing for the Case

Martin Clearwater & Bell, LLP, New York City (Nancy A. Breslow, Peter T Crean and Charles S. Schechter of counsel), for appellant.

Roura & Melamed, New York City (Alexander J. Wulwick of counsel), for respondent.

LIFSON and McCARTHY, JJ., concur with FISHER, J.P.; CARNI, J., concurs in part and dissents in part in a separate opinion.

OPINION OF THE COURT

FISHER, J.P.

The principal issue presented on this appeal concerns the circumstances under which a hospital may be liable for failing to inform a private physician who is about to perform surgery at its facility that his patient has signed a refusal to consent to the transfusion of blood or blood products.

On December 5, 2003, the plaintiff, Joan Salandy, was at the facility of the...

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