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Quinn v. Hosp. for Special Surgery PHO Inc.

NY Is Not Proper Forum for Negligence Action Brought by NJ Resident Against NY Corp.

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25 were read on this motion to/for DISMISSAL. DECISION + ORDER ON MOTION In this negligence action, plaintiffs, Alison Quinn (Quinn), and her husband, Tom Quinn, (collectively plaintiffs), allege they suffered physical, emotional, and monetary damages following Quinn’s fall from a magnetic resonance imaging (MRI) machine on February 28, 2022, at a medical facility located at 140 East Ridgewood Avenue, in Paramus, New Jersey, which is owned, operated, controlled, and maintained by defendant, The Hospital for Special Surgery PHO, Inc. (defendant or HSS), as the result of defendant’s failure to adequately staff the imaging area and appropriately train its staff to provide assistance to patients receiving imaging services. Defendant now moves to dismiss the complaint pursuant to CPLR 327(a). The motion is opposed. For the following reasons, the motion is granted. FACTUAL BACKGROUND Plaintiffs are residents of Oradell, New Jersey (NYSCEF doc. no. 11, 6). In January 2022, Quinn sought treatment for lower back pain from Dr. David Wang, a sports medicine specialist with an office at defendant’s medical facility located in Paramus, NJ (HSS Paramus) (id.). Although Dr. Wang is licensed to practice medicine in both New York and New Jersey, he resides in New Jersey and only maintains a medical office in that state (NYSCEF doc. no. 16,

1, 3, 5). Dr. Wang prescribed physical therapy, which Quinn received at HSS Paramus (NYSCEF doc. no. 11, 7). During a follow-up visit on February 14, 2022, Dr. Wang ordered an MRI of Quinn’s lumbar spine, which she received on February 28, 2022, also at HSS Paramus (id. at

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