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Blake v. Chawla11/18/2002
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
Argued - October 10, 2002
DECISION & ORDER
(Index No. 3562/94)
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from (1) an order of the Supreme Court, Queens County (LaTorella, J.), dated April 24, 2000, which, after a hearing, granted the motion of the defendants Satish K. Chawla and Nasser K. Ghassemi to dismiss the complaint insofar as asserted against them based upon the plaintiffs' failure to disclose certain witness information, and (2) a judgment of the same court entered July 12, 2000, which dismissed the complaint insofar as asserted against those defendants.
ORDERED that the appeal from the order is dismissed; and it is further,
ORDERED that the judgment is affirmed; and it is further,
ORDERED that one bill of costs is awarded to the respondents.
The appeal from the intermediate order must be dismissed because the right of direct appeal therefrom terminated with entry of the judgment in the action (see Matter of Aho, 39 NY2d 241, 248). The issues raised on the appeal from the order are brought up for review and have been considered on the appeal from the judgment (see CPLR 5501 ).
On October 4, 1993, the plaintiff James Blake (hereinafter the injured plaintiff) was admitted to the defendant St. Joseph's Hospital (hereinafter St. Joseph's) after complaining of abdominal pain. The defendants Satish Chawla (hereinafter Dr. Chawla) and Nasser Ghassemi (hereinafter Dr. Ghassemi) were physicians employed by St. Joseph's who diagnosed the injured plaintiff as suffering from an acute appendicitis, and recommended exploratory surgery.
The plaintiff Karen Blake (hereinafter Mrs. Blake), the injured plaintiff's wife, had her husband transferred to Parkway Hospital (hereinafter Parkway) on October 5, 1993, to have Dr. Michael Reich, the Director of Surgery, perform the recommended surgery. Dr. Reich had previously performed surgery on Mrs. Blake.
Upon the injured plaintiff's arrival at Parkway's emergency room (hereinafter the ER), he was first seen by Dr. Sheldon Green who was employed by Parkway as an ER house staff physician. Green was also an attorney who was admitted to the practice of law in this state in 1991. During the injured plaintiff's stay in the ER, a CAT scan indicated that he had a perforated appendix. Dr. Reich performed surgery on the injured plaintiff on October 6, 1993, and the injured plaintiff was released from (*3)Parkway on October 17, 1993.
On January 8, 1994, the injured plaintiff and his wife (hereinafter the plaintiffs) signed a retainer agreement for Green to commence this medical malpractice action with respect to the events surrounding the injured plaintiff's perforated appendix. The retainer agreement indicated that it was " o S. Green, M.D., J.D." regarding personal injuries. Green joined the law firm of Wolf and Fuhrman (hereinafter the Wolf firm) after the retainer agreement was signed, and also remained a full-time employee of Parkway.
In February 1994 the Wolf firm commenced this action against St. Joseph's and Drs. Chawla and Ghassemi (hereinafter the defendants) on behalf of the plaintiffs, wherein the plaintiffs alleged, among other things, that the defendants were responsible for the injured plaintiff's ruptured appendix, which occurred before his transfer to Parkway, and that such rupture was the proximate cause of his subsequent development of an incisional hernia, bowel obstruction, and accompanying sequelae. Neither Parkway nor Dr. Reich
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