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TARA KEATING BROOKS plf-res, v. ROBERT S. APRIL, M.D. def-ap

3356. TARA KEATING BROOKS plf-res, v. ROBERT S. APRIL, M.D. def-ap — Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Judy C. Selmeci of counsel), for ap — Kelner & Kelner, New York (Gerard K. Ryan, Jr. of counsel), for res — Order, Supreme Court, New York County (Joan B. Lobis, J.), entered on or about July 11, 2016, which, inter alia, denied defendants' motion for summary judgment dismissing the complaint in its entirety, reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

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3356. TARA KEATING BROOKS plf-res, v. ROBERT S. APRIL, M.D. def-ap — Wilson, Elser, Moskowitz, Edelman & Dicker LLP, New York (Judy C. Selmeci of counsel), for ap — Kelner & Kelner, New York (Gerard K. Ryan, Jr. of counsel), for res — Order, Supreme Court, New York County (Joan B. Lobis, J.), entered on or about July 11, 2016, which, inter alia, denied defendants’ motion for summary judgment dismissing the complaint in its entirety, reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

On October 23, 2010, plaintiff Tara Keating Brooks sustained a head injury after having fallen while playing catch with a family member. On November 2, 2010, she visited defendant Dr. Robert S. April, a neurologist at Mount Sinai Hospital, for the first time, complaining of headaches. Dr. April ordered a CT scan of plaintiff, which took place that day. The results of the CT scan were unremarkable. Dr. April’s diagnosis was that plaintiff was suffering from post-concussion headache syndrome. Dr. April conducted follow-up examinations of plaintiff on November 8 and November 15, 2010, and concluded that plaintiff was continuing to suffer from post-concussion headache syndrome. On November 30, 2010, the day that plaintiff experienced what later proved to be a cerebral hemorrhage, plaintiff called Dr. April, complaining that her head pain had increased. Dr. April advised plaintiff to rest, take pain medication and to come to his office the following morning. Plaintiff made no further attempt to seek medical assistance or contact any other medical professionals that evening.

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