187 AD3d 773 (2nd Dept. 2020)
(Spoliation charge reversed after lost chart found)
Samantha E. Quinn
Gonzales v. Donn
Supreme Court, New York; Index No: 805174/2012 (2019)
(summary judgment granted in wrongful death matter of a 37 year-old woman who died following delivery wherein she suffered an avulsed liver and uncontrollable bleeding)
Stephanie Campbell
White v. Brookdale Univ. Hosp. and Medical Center
Supreme Court, Kings; Index No: 9497/14 (2019)
(summary judgment granted after plaintiff failed to submit admissible evidence to rebut defendant’s prima facie entitlement to summary judgment)
Suhlail Villa
Marti v. Rana
173 AD3d 576 (1st Dept. 2019)
(Summary judgment affirmed where plaintiff raised new theory of liability for first time in opposition to motion)
Samantha E. Quinn
Montalvo v. Episcopal Health Services
2019 N.Y. Slip Op. 04158 (May 2019)
(sexual assault perpetrated by an employee is per se not in furtherance of the employer’s business and is therefore outside the scope of employment)
Samantha E. Quinn
Gaylord v. Gentile
Supreme Court, New York; Index No: 805351/2016 (2019)
(motion for summary judgment granted; ureteral stent determined to be a fixation device and not a “foreign object” that would toll the statute of limitations)
John J. Corgan
Zepeda v. New York City Health + Hospitals Corporation
Supreme Court, Kings; Index No: 504383/2012 (2018)
(denial of plaintiff’s motion for leave to file a late Notice of Claim resulting in dismissal of action)
Samantha Quinn obtains reversal and dismissal in Second Department (May 2019)
Congratulations to Samantha Quinn for her most recent win in the Second Department! The May 29, 2019 decision reversed the court below and dismissed the case against St. John’s Episcopal Hospital holding that sexual assault perpetrated by an employee is per se not in furtherance of the employer’s business and is therefore outside the scope of employment.
Passy v. Brookdale University Hospital & Medical Center
Supreme Court, Kings County; Index No. 508837/2017 (2019)
(motion to dismiss granted based upon plaintiff’s failure to re-commence action and serve defendants within 6 months as required under CPLR §205(a)).
Suhlail C. Villa
Lookhoor v. Harvey
Supreme Court, Queens County; Index No: 705798/2016 (2019)
(summary judgment granted in an alleged negligent insertion of a Foley catheter during the performance of laparoscopic bariatric surgery resulting in a ureteral stricture)
Cristina Di Maria