RRD Secures Dismissal in New York Medical Malpractice Action for Wrongful Death
RRD partner John F. Costa, with the assistance of Connecticut attorney and RRD associate Liam M. West, recently obtained dismissal in favor of their client, a Connecticut hospital, in a medical malpractice/wrongful death action.
The plaintiff filed her medical malpractice/wrongful death action in the New York County Supreme Court. In her complaint, the plaintiff alleged that the three defendants -- a New York hospital, a New York physician, and the Connecticut hospital represented by RRD -- provided negligent care and treatment of the decedent, causing his death.
RRD moved to dismiss the plaintiff’s action against the Connecticut hospital on the basis that the hospital did not transact business in New York and maintained insufficient minimum contacts with New York for a New York court to exercise long arm jurisdiction over it. In granting the motion to dismiss, the court relied on the fact that the Connecticut hospital did not render any medical care or other services in New York. Additionally, the court noted that the Connecticut hospital did not maintain an office, mailing address, telephone number, or a bank account in New York. Finally, the court concluded that the Connecticut hospital had severed virtually all of its affiliations with New York entities prior to the decedent’s admission.