Opinion
11385 Index 302768/11
04-16-2020
Judy CRAIG, as adoptive mother of M.C., Plaintiff–Appellant, v. TC AMBULANCE CORPORATION, Defendant–Respondent, New York City Health and Hospitals Corporation (Jacobi Medical Center), Defendant.
The Fitzgerald Law Firm, P.C., Yonkers (Mitchell Gittin of counsel), for appellant. Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains (Roland T. Koke of counsel), for respondent.
The Fitzgerald Law Firm, P.C., Yonkers (Mitchell Gittin of counsel), for appellant.
Wilson Elser Moskowitz Edelman & Dicker LLP, White Plains (Roland T. Koke of counsel), for respondent.
Renwick, J.P., Oing, Singh, Moulton, JJ.
Judgment, Supreme Court, Bronx County (Lewis J. Lubell, J.), entered October 11, 2018, dismissing the complaint as against defendant TC Ambulance Corporation, unanimously affirmed, without costs.
Defendant established its prima facie entitlement to judgment as a matter of law in this action where plaintiff alleges that errors made by defendant's emergency medical technicians led to delays in treating the infant plaintiff's biological mother, and the infant's resulting injuries. Defendant submitted the affidavit of an expert, who opined that the treatment defendant's technicians rendered was in accordance with accepted standards of emergency medical care, and was not a proximate cause of the infant's claimed injuries (see Anyie B. v. Bronx Lebanon Hosp., 128 A.D.3d 1, 3, 5 N.Y.S.3d 92 [1st Dept. 2015].
In opposition, plaintiff failed to raise a triable issue of fact. The expert evidence submitted by plaintiff was speculative, conclusory, and insufficient to raise an issue of fact as to whether any alleged departure from accepted practice was a proximate cause of the infant's injuries (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] ; Foster–Sturrup v. Long, 95 A.D.3d 726, 728, 945 N.Y.S.2d 246 [1st Dept. 2012] ).