Appellate Division of the Supreme Court of the State of New York October 30, 2003 (Malcolm v. Mount Vernon Hospital)

Order, Supreme Court, Bronx County (Kenneth Thompson, J.), entered on or about January 15, 2002, which, in a medical malpractice action, denied defendant-appellant hospital’s motion for summary judgment dismissing the complaint against it, affirmed, without costs.

On January 12, 1997, plaintiff went to his primary physician, Dr.