JACOB v. FRANKLIN HOSPITAL MEDICAL CENTER (2021)

Court of Appeals of New York.

Nadege Odena JACOB, as Administratrix of the Estate of Pierre E. Jacob, Appellant, v. FRANKLIN HOSPITAL MEDICAL CENTER, et al., Respondents.

No. 47 SSM 7

Decided: April 29, 2021

Tantleff & Kreinces, LLP, Mineola (Edward D. Tantleff of counsel), for appellant. Heidell, Pittoni, Murphy & Back LLP, New York City (Daniel S. Ratner of counsel), for Franklin Hospital Medical Center, respondent. Kutner Friedrich, LLP, New York City (Tracy Solomon of counsel), for Abdul Majeed and another, respondents.

OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order, insofar as appealed from, affirmed, with costs. In response to the prima facie showing of entitlement to summary judgment by defendants Franklin Hospital Medical Center, Abdul Majeed and AM Pulmonary Care, P.C., plaintiff failed to raise a triable issue of fact (see Mazella v. Beals, 27 N.Y.3d 694, 37 N.Y.S.3d 46, 57 N.E.3d 1083 [2016]; Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324–325, 508 N.Y.S.2d 923, 501 N.E.2d 572 [1986]).

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia and Wilson concur.

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