MATTER OF KARP v. STEINBERG

3737/05, 8851.

101 A.D.3d 567 (2012)

957 N.Y.S.2d 856

2012 NY Slip Op 8795

In the Matter of SHEILA KARP et al., Appellants, v. SHARON LOUISE STEINBERG, Respondent.

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

December 20, 2012.


Because the record demonstrates that there is no evidence to establish that decedent's death was caused in part by sepsis, petitioners' claim was properly dismissed at the summary judgment stage. Moreover, given that decedent's sepsis was improving when he decided to stop receiving treatment, it cannot be shown that sepsis — rather than decedent's competent decision to refuse further treatment, and the resulting uremia — caused his death (cf. People v Snow...

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