In Sultan v. Kings Highway Hospital Center, 167 AD2d 534 [2d Dept. 1990] the Court held that punitive damages in a medical malpractice action were recoverable where a defendant's conduct constitutes gross negligence]. In Sultan v. Kings Highway Hospital Center, supra, plaintiff sought to recover punitive damages against defendant hospital, alleging that the hospital refused to examine, treat or admit his wife when she arrived at the hospital's emergency room. Plaintiff was informed by a nurse at the hospital that they were at full capacity and that his wife would have to be transferred to another hospital. It was alleged that the decedent was transferred to another hospital without receiving any treatment, despite suffering from an acute cardiac event at the time. Decedent passed away the following day at the facility to which she had been transferred. It was held that issues of fact existed as to whether the defendant's failure to admit her in light of her need for immediate medical attention was, inter alia, reckless, and warranted an award of punitive damages.