| Clark v Rachfal |
| 2022 NY Slip Op 06410 [210 AD3d 1456] |
| November 10, 2022 |
| Appellate Division, Fourth Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Geraldine Clark et al.,
Appellants-Respondents, v Stephan J. Rachfal, M.D., Defendant, John Cucinotta, M.D., et al., Appellants, and Crouse Hospital Emergency Medicine Department et al., Respondents. |
—Motion for reargument be and the same hereby is granted in part and, upon reargument, the memorandum and order entered July 8, 2022 (207 AD3d 1173 [4th Dept 2022]) is amended by deleting the second and third sentences of the sixth paragraph of the memorandum and substituting the following sentences: "Dr. Kandel permitted plaintiff to leave the hospital while a review of her brain MRI was pending. Plaintiffs' expert opined that discharging plaintiff before a review of the scans was complete constituted a deviation from the standard of care in light of plaintiff's medical history, which indicated a significant stroke risk." Present—Smith, J.P., Centra, Lindley and Curran, JJ.