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SMITH-JOHNSON v. GABBUR

65 A.D.3d 1122 (2009)

885 N.Y.S.2d 330

TWANA SMITH-JOHNSON et al., Appellants, v. NAGARAJ GABBUR, Defendant, and SUSHMA NAKRA et al., Respondents.

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

Decided September 15, 2009.

Ordered that the order is reversed, on the law, with costs, and that branch of the motion of the defendants New York City Health and Hospitals Corp., Coney Island Hospital, and Sushma Nakra which was for summary judgment dismissing the complaint insofar as asserted against them is denied.

On June 25, 2003, at approximately 6:30 P.M., the plaintiff Twana Smith-Johnson (hereinafter the injured plaintiff), who at the time...

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