Lear v. Genesee Memorial Hospital

Order unanimously reversed on the law without costs, motion granted and third and fourth causes of action dismissed. Memorandum: Supreme Court erred in denying the motion of defendant Genesee Memorial Hospital (Hospital) for summary judgment dismissing the third and fourth causes of action. The record establishes that plaintiffs decedent came to the Hospitals emergency department and, after being examined by Hospital employees, was admitted to the Hospital under the care of his private attending physician. Six days later, decedent was discharged from the Hospital pursuant to the order of his physician.