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Heshin v. Levitt

Appellate Division of the Supreme Court of New York, Second Department
Jul 26, 2000
273 A.D.2d 442 (N.Y. App. Div. 2000)

Opinion

Submitted April 28, 2000.

July 26, 2000.

In an action, inter alia, to recover damages for medical malpractice, etc., the plaintiffs appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Colabella, J.), dated May 14, 1999, as granted those branches of the defendants' motions which were for summary judgment dismissing the causes of action based on medical malpractice.

Michael N. David, New York, N.Y., for appellants.

Bower, Sanger Futterman, P.C., New York, N.Y. (Michael M. Futterman of counsel), for respondent Selwyn Levitt.

Gordon Silber, P.C., New York, N.Y. (Ginette M. Portera of counsel), for respondent Nyack Hospital.

Before: CORNELIUS J. O'BRIEN, J.P., DANIEL W. JOY, DANIEL F. LUCIANO, ROBERT W. SCHMIDT, JJ.


DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.

The defendants' motions for, among other relief, summary judgment dismissing the medical malpractice causes of action were supported by expert medical evidence establishing their prima facie entitlement to judgment as a matter of law (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853). In opposing the motions, the plaintiff submitted an affidavit of a medical expert. However, the affidavit failed to connect the factual assertions made therein to the plaintiffs' claim other than in a conclusory manner (see, Vogel v. Palmieri, 221 A.D.2d 522, 523). Thus, the medical malpractice causes of action were properly dismissed.


Summaries of

Heshin v. Levitt

Appellate Division of the Supreme Court of New York, Second Department
Jul 26, 2000
273 A.D.2d 442 (N.Y. App. Div. 2000)
Case details for

Heshin v. Levitt

Case Details

Full title:TZVI ELIYAHU HESHIN, ETC., ET AL., APPELLANTS, v. SELWYN LEVITT, ET AL.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 26, 2000

Citations

273 A.D.2d 442 (N.Y. App. Div. 2000)
711 N.Y.S.2d 749

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