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Ellis v. Brookdale Hospital Medical Center

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1986
122 A.D.2d 19 (N.Y. App. Div. 1986)

Opinion

July 7, 1986

Appeal from the Supreme Court, Kings County (Monteleone, J.).


Order affirmed, with costs, and without prejudice to renewal of the defendant Tancer's application for summary judgment upon the completion of discovery.

No authority has been drawn to our attention, nor has our independent research revealed any case, which permits the imposition of liability against the director of a medical department in a hospital without proof of a negligent act or omission on his part, whether acting in a treating or supervising capacity. Wilson v McCarthy ( 57 A.D.2d 617) and Maxwell v Cole ( 126 Misc.2d 597) are not to the contrary, although those cases contain some unnecessarily broad language.

Nevertheless, inasmuch as the rules and regulations promulgated by the defendant Tancer have not been furnished, and since no opportunity has been accorded to the plaintiff for discovery with respect to these rules and regulations and matters relating thereto, we deem the cross motion for summary judgment to be premature. In this regard, our decision is without prejudice to a renewal of the defendant Tancer's cross motion upon the completion of discovery. Lazer, J.P., Gibbons, Eiber and Kunzeman, JJ., concur.


Summaries of

Ellis v. Brookdale Hospital Medical Center

Appellate Division of the Supreme Court of New York, Second Department
Jul 7, 1986
122 A.D.2d 19 (N.Y. App. Div. 1986)
Case details for

Ellis v. Brookdale Hospital Medical Center

Case Details

Full title:GLORIA ELLIS, Respondent, v. BROOKDALE HOSPITAL MEDICAL CENTER et al.…

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

Date published: Jul 7, 1986

Citations

122 A.D.2d 19 (N.Y. App. Div. 1986)

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