Bonilla v. Petrillo Realty Development Corp.

2 Citing cases

  1. Stephenson v. Mammography

    39 A.D.3d 303 (N.Y. App. Div. 2007)   Cited 719 times

    The internal contradictions between Dr. Vaynshelbaum's medical files and the patient's report of examination raises additional credibility issues. Such credibility questions preclude the granting of summary judgment ( Bonilla v Petrillo Realty Dev. Corp., 237 AD2d 115). To establish a prima facie case of medical malpractice, a plaintiff must show that the doctor deviated from accepted medical practice and also that the alleged deviation proximately caused her injury ( Koeppel v Park, 228 AD2d 288, 289). A plaintiff's expert opinion must demonstrate "the requisite nexus between the malpractice allegedly committed" and the harm suffered ( Ferrara v South Shore Orthopedic Assoc., 178 AD2d 364, 366).

  2. Ferguson v. Tishman Construction Co., Inc.

    247 A.D.2d 268 (N.Y. App. Div. 1998)

    Plaintiff employee testified that he worked on the laying of concrete in the employ of the contractor who was identified as having performed concrete contracting on the site in 1991, at a time when defendant was construction manager. Plaintiff employee's "deposition testimony, taken in light of other submissions on the motion, raises credibility questions precluding summary judgment" (Bonilla v. Petrillo Realty Dev. Corp., 237 A.D.2d 115), and accordingly defendant's motion was properly denied. We have considered defendant's remaining arguments and find them to be without merit.