Craig M. Goldwasser Obtains Dismissal in Westchester County Supreme Court

On February 28, 2019, Mr. Goldwasser obtained dismissal on behalf of his clients, two resident neurosurgeons who were employed by a Westchester County hospital. The plaintiff alleged that the defendants negligently performed spinal surgery resulting in permanent nerve damage. While in the middle of a deposition of one of the resident neurosurgeons, the Honorable Mary H. Smith of Westchester County Supreme Court granted Mr. Goldwasser’s motion to renew and reargue dismissal on lack of notice grounds. Mr. Goldwasser highlighted evidence that the resident neurosurgeons were employees of a Westchester County hospital at the times of the alleged malpractice and also highlighted that plaintiff had not served the requisite Notice of Claims. The Court found plaintiff’s arguments to be without merit and granted the motion to dismiss.

 

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