Opinion
10803 Index 805059/16
01-16-2020
Yesenia NEGRON, Plaintiff–Appellant, v. Jian SHOU, M.D., et al., Defendants–Respondents, Cheguevara I. Anafeh, M.D., et al., Defendants.
Arnold E. DiJoseph, P.C., New York (Arnold E. DiJoseph, III of counsel), for appellant. Heidell, Pittoni, Murphy & Bach, LLP, New York (Daniel S. Ratner of counsel), for respondents.
Arnold E. DiJoseph, P.C., New York (Arnold E. DiJoseph, III of counsel), for appellant.
Heidell, Pittoni, Murphy & Bach, LLP, New York (Daniel S. Ratner of counsel), for respondents.
Friedman, J.P., Richter, Kern, Singh, JJ.
Order, Supreme Court, New York County (Martin Shulman, J.), entered December 5, 2018, which granted the motion of defendants Jian Shou, M.D. and New York–Presbyterian/Weill Cornell Medical Center (hospital) for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
Defendants Jian Shou, M.D. and hospital established prima facie that their treatment of plaintiff comported with good and accepted practice (see generally Anyie B. v. Bronx Lebanon Hosp. , 128 A.D.3d 1, 3, 5 N.Y.S.3d 92 [1st Dept. 2015] ). In opposition, plaintiff submitted the conclusory affirmation of an expert who did not address the specific assertions of defendants' expert (see Alvarez v. Prospect Hosp. , 68 N.Y.2d 320, 325, 508 N.Y.S.2d 923, 501 N.E.2d 572 [1986] ), and whose ultimate conclusions were speculative or unsupported by any evidentiary foundation (see Diaz v. New York Downtown Hosp. , 99 N.Y.2d 542, 544–545, 754 N.Y.S.2d 195, 784 N.E.2d 68 [2002] ). The claims against defendant hospital were also properly dismissed where the record shows that Dr. Shou was an attending physician at the hospital, and not an employee, and plaintiff's expert did not opine that the hospital's medical staff committed independent acts of negligence (see Suits v. Wyckoff Hgts. Med. Ctr. , 84 A.D.3d 487, 488, 922 N.Y.S.2d 388 [1st Dept. 2011] ).