Denial of Motion to Reargue Affirming Award of Summary Judgment


Pre-trial dismissal of medical malpractice actions via motion practice provides significant cost savings to the client.

Mr. Klonsky obtained an award of summary judgment dismissing all claims against a major metropolitan hospital located in Bronx County. Plaintiff's suit alleged that the hospital defendant was negligent in administering medications to treat the patient's severe rheumatoid arthritis and in failing to diagnose and treat the patient's decreased renal function.

The plaintiff claimed that as a result of the alleged negligence, she suffered total renal failure, requiring dialysis treatment. Mr. Klonsky argued that at all times defendant hospital treated the patient's rheumatoid arthritis with appropriate medications in accordance with good and accepted standards of medical practice; treated and diagnosed the patient's decreased renal function in accordance with good and accepted standards of nephrology practice; and that none of the patient's injuries were caused by any negligence attributable to the defendant hospital. The Hon. Robert E. Torres, J.S.C. agreed, and granted the motion dismissing plaintiff's case in its entirety.

The plaintiff, convinced that issues of fact and/or law were overlooked, petitioned the court for leave to renew and re-argue the underlying decision granting summary judgment.

In November 2010, Mr. Klonsky successfully defended the action again, whereby Justice Torres agreed with Mr. Klonsky's arguments and decided that plaintiff had failed to articulate any basis for the relief sought. On April 6, 2011, the plaintiff's motion to re-argue was denied in its entirety, and the Court adhered to its original decision, leaving the dismissal of the action undisturbed.

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Reference Info:Decision | State, 2nd Circuit, New York | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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