On April 21, 2025, Robert Boccio, Adonaid Medina, and Jesse Wang won a motion for leave to reargue and, upon reargument, prevailed in their summary judgment motion on behalf of a large New York City hospital, dismissing a medical malpractice claim against the hospital in its entirety. The matter centered upon plaintiff’s allegations of medical malpractice for defendant’s purported failure to administer anticoagulant medication, resulting in a thromboembolic event. The Court concluded that the defense diligently established through the record a prima facie showing that the hospital had appropriately treated the plaintiff’s condition and did not proximately cause the injuries as alleged. Specifically, the Court held that the plaintiff’s condition contraindicated the medication that plaintiff claimed the hospital failed to administer, and plaintiff failed to raise a triable issue of fact as to this critical issue in the opposition and during oral argument.
In the end, following oral argument, the Court granted defendant’s motion for leave to reargue, finding that there was no triable issue of fact as to the core issue of plaintiff’s action. Accordingly, the Court vacated its prior denial and awarded summary judgment in its entirety.