In Melfi v. Mt. Sinai Hospital, 19 Misc 3d 1129[A] 2008 NY Slip Op 50940[U] [Sup. Ct., NY County, J. Carey, April 30, 2008] held that issues of fact existed in connection with whether Mount Sinai was grossly negligent and/or reckless in failing to provide medical assistance to plaintiff's decedent therein, Leonard Melfi, despite his need for emergency treatment, and, thus, whether punitive damages may be awarded. In Melfi, plaintiff was brought via ambulance to the emergency room at Mount Sinai because he was having difficulty breathing, and experiencing an elevated heart rate. A triage assessment was performed, and the medical records indicated that, at that time, Leonard Melfi was still experiencing shortness of breath and was noted to, among other things, have an elevated heart rate. The triage records state that Leonard Melfi was disheveled in appearance and full of feces. Notwithstanding, no medical treatment was administered to Leonard Melfi in triage, rather he was given acute priority, and sent to an acute area of the emergency department. Melfi v. Mt. Sinai Hospital, supra, was affirmed in part, and modified in part by, the Appellate Division, First Department (see Melfi v. Mount Sinai, 64 AD3d 26, 877 N.Y.S.2d 300 [1st Dept. 2009]. The Appellate Division held that they could not rule, as a matter of law, that the plaintiff had failed to put forth a prima facie case of gross negligence and punitive damages.