Appellate Division of the Supreme Court of the State of New York May 7, 2015 (Weeks v. St. Peter's Hospital)

Egan Jr., J.

Appeal from an order of the Supreme Court (Kramer, J.), entered December 6, 2013 in Schenectady County, which denied defendant’s motion for summary judgment dismissing the complaint.

On the morning of October 1, 2009, plaintiff Judith A. Weeks *1160presented at defendant’s ambulatory surgery center for a endoscopic ultrasound.