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Eischen v. Crouse-Irving Memorial Hospital

98 A.D.2d 992 Court N.Y. App. Div. Decision date 1983-12-16 English

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p. 992
Cheryle Eischen, Appellant, v Crouse-Irving Memorial Hospital, Defendant, and Thomas E. Snyder, Respondent.

— Order unanimously reversed, with costs, and motion denied. Memorandum: In this medical malpractice action, Special Term erroneously granted summary judgment to defendant Snyder. The medical affidavit submitted by plaintiff in response to the motion created a factual issue which may not summarily be resolved. (Appeal from order of Supreme Court, Onondaga County, Tenney, J. — summary judgment.) Present — Dillon, P. J., Callahan, Doerr, Denman and Moule, JJ.