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Pascucci v. Wilke

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 2009
60 A.D.3d 486 (N.Y. App. Div. 2009)

Opinion

No. 52.

March 12, 2009.

Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered July 24, 2007, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Arnold E. DiJoseph, III, New York, for appellants.

Callan, Koster, Brady Brennan, LLP, New York (Michael P. Kandler of counsel), for respondent.

Before: Andrias, J.P., Saxe, Acosta and Renwick, JJ.


Plaintiff's failure to submit the clinical psychologist's opinion in admissible form left him with no admissible medical opinion evidence to rebut defendant's prima facie showing that she did not commit malpractice in treating the decedent ( see CPLR 2106; Sanchez v Romano, 292 AD2d 202, 203).


Summaries of

Pascucci v. Wilke

Appellate Division of the Supreme Court of New York, First Department
Mar 12, 2009
60 A.D.3d 486 (N.Y. App. Div. 2009)
Case details for

Pascucci v. Wilke

Case Details

Full title:ERNEST E. PASCUCCI et al., Appellants, v. AGNES WILKE, M.D., Respondent

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

Date published: Mar 12, 2009

Citations

60 A.D.3d 486 (N.Y. App. Div. 2009)
2009 N.Y. Slip Op. 1846
873 N.Y.S.2d 910

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