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Ramirez v. Columbia-Presbyterian Med. Center

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 2005
16 A.D.3d 238 (N.Y. App. Div. 2005)

Opinion

5651.

March 17, 2005.

Order, Supreme Court, New York County (Stanley L. Sklar, J.), entered August 1, 2003, which granted defendants' motions for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Before: Mazzarelli, J.P., Marlow, Williams, Gonzalez and Catterson, JJ.


The affirmations of defendants' experts established prima facie that defendant doctors examined plaintiff's infant decedent in accordance with prevailing standards of pediatric care. Plaintiff, in opposing summary judgment, did not meet his burden to respond to defendants' showing with evidence raising a triable issue. The conclusory affirmation of plaintiff's expert did not address the specific assertions of defendants' experts, particularly as they bore on the issues of malpractice and causation ( see Alvarez v. Prospect Hosp., 68 NY2d 320, 324). The document was otherwise flawed by its misstatements of the evidence and its unsupported assertions ( see Diaz v. New York Downtown Hosp., 99 NY2d 542, 544; Romano v. Stanley, 90 NY2d 444, 451-452).

We have considered plaintiff's remaining arguments and find them unavailing.


Summaries of

Ramirez v. Columbia-Presbyterian Med. Center

Appellate Division of the Supreme Court of New York, First Department
Mar 17, 2005
16 A.D.3d 238 (N.Y. App. Div. 2005)
Case details for

Ramirez v. Columbia-Presbyterian Med. Center

Case Details

Full title:JOSE RAMIREZ, Individually and as Administrator of the Estate of ARIES…

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

Date published: Mar 17, 2005

Citations

16 A.D.3d 238 (N.Y. App. Div. 2005)
790 N.Y.S.2d 606

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