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Matos v. New York City Health and Hospitals

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1992
181 A.D.2d 505 (N.Y. App. Div. 1992)

Opinion

March 12, 1992

Appeal from the Supreme Court, Bronx County (Herbert Shapiro, J.).


We agree with the IAS court that plaintiffs offered nothing in opposition to defendant Misericordia Hospital's well-grounded motion for summary judgment but conclusory and general statements of inadequate care. The defense affidavits from two pediatric neurologists who concurred that the infant's encephalopathy developed following administration of immunization and could not have been caused by any medical malpractice on the part of defendant Misericordia were sufficient to require plaintiffs to come forward with proof in admissible form sufficient to raise an issue of fact. However, the medical affidavit plaintiffs submitted addressed deviations from acceptable medical practice only by defendant New York City Health and Hospitals, to one of whose hospitals the infant plaintiff was initially taken. No proof was submitted as against defendant Misericordia, nor any excuse offered for the failure to do so.

Concur — Murphy, P.J., Rosenberger, Ellerin, Kupferman and Kassal, JJ.


Summaries of

Matos v. New York City Health and Hospitals

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 1992
181 A.D.2d 505 (N.Y. App. Div. 1992)
Case details for

Matos v. New York City Health and Hospitals

Case Details

Full title:JOSEPH R. MATOS et al., Appellants, v. NEW YORK CITY HEALTH AND HOSPITALS…

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

Date published: Mar 12, 1992

Citations

181 A.D.2d 505 (N.Y. App. Div. 1992)
580 N.Y.S.2d 361