Kakar Kurtz et al v. Hansell et al

Filing 240

OPINION & ORDER re: 208 MOTION for Summary Judgment . filed by New York Presbyterian Hospital/Weill-Cornell Medical Center, Marie Lupica, 219 MOTION for Summary Judgment . filed by David Hansell. For the foregoi ng reasons, the Court (1) grants in full the ACS Defendants and City's motion for summary judgment, and (2) grants in part and denies in part the motion for summary judgment by the Medical Defendants, entering summary judgment in their favor on the malicious prosecution state-law claim, and denying summary judgment on the medical malpractice claim. The Court also dismisses the John Doe defendants without prejudice. This case will now proceed to trial on the single outstanding claim a gainst Dr. Lupica and Weill Cornell. The Court directs the parties promptly to confer, and by April 18, 2023, to submit a detailed and complete joint pretrial order consistent with the Court's Individual Rules governing jury trials. Any motion s in limine are due on the same date as the joint pretrial order; opposition briefs are due one week later. The Clerk of Court is respectfully directed to terminate all pending motions. Brenda Lawson, Yscary Rodriguez, City of New York., Brenda Lawson (individually), Yscary Rodriguez (individually), Yscary Rodriguez (as a Caseworker employed by ACS), City of New York and Brenda Lawson (as an ACS Case Manager/Supervisor) terminated. (Signed by Judge Paul A. Engelmayer on 3/27/2023) (rro)