In Graham v. Columbia-Presbyterian Medical Center, 185 AD2d 753 [1st Dept. 1992] the Appellate Division, First Department, reversed a Trial Court's decision that granted partial summary judgment dismissing claims for punitive damages in a medical malpractice action. In Graham, it was alleged that plaintiff's decedent was experiencing, inter alia, significant bleeding and a drop in blood pressure following a surgical procedure. Despite the decedent's unstable condition the surgeon who performed the procedure left the hospital to go home. The decedent's condition continued to worsen and the surgeon was telephoned at home. Approximately three and one-half hours after receiving this telephone call the surgeon returned to the hospital and performed a further surgery to stop the bleeding. Notwithstanding, the decedent passed away the following day. Plaintiff alleged that the death was caused by the surgeon's failure to stop the blood loss in a timely manner. The Court found that the surgeon's conduct in that case, just like the conduct of the defendant hospital in Sultan, "amounted to a failure to render assistance to a patient in need of emergency treatment" and concluded that an issue of fact existed with respect to whether the actions of the surgeon "were so intentional, malicious, outrageous, or otherwise aggravated beyond mere negligence' as to support an award for punitive damages." (Id.)