36 NY3d 1102
NY
2021

Nadege Odena Jacob, as Administratrix of the Estate of Pierre E. Jacob, Appellant, v Franklin Hospital Medical Center et al., Respondents.

2021 NY Slip Op 02586 [36 NY3d 1102]

Court of Appeals of New York

April 29, 2021

36 N.Y.3d 1102

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 2, 2021

Decided April 29, 2021

Jacob v Franklin Hosp. Med. Ctr., 188 AD3d 838, affirmed.

APPEARANCES OF COUNSEL

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 NY3d 694 [2016]; Alvarez v Prospect Hosp., 68 NY2d 320, 324-325 [1986]).

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