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MENDOLA v. ERIE COUNTY MEDICAL CENTER CORP.

CA 09-01055

67 A.D.3d 1444 (2009)

889 N.Y.S.2d 346

2009 NY Slip Op 08408

ISABELLA MENDOLA, Individually and as Administratrix of the Estate of ARLENE E. RUSSELL, Deceased, et al., Respondents, v. ERIE COUNTY MEDICAL CENTER CORPORATION et al., Defendants, and DAVID P. HUGHES, M.D., Appellant.

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

Decided November 13, 2009.

It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Plaintiffs commenced this medical malpractice action seeking damages for injuries sustained by Arlene E. Russell (decedent) when she fell while exiting her hospital room. Supreme Court properly denied the motion of David P. Hughes, M.D. (defendant) seeking summary judgment dismissing the complaint against him. We note at the outset that the action has been discontinued...

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