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Schimsky v. St. John's Episcopal Hospital

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 513 (N.Y. App. Div. 1996)

Opinion

February 13, 1996

Appeal from the Supreme Court, Suffolk County (D'Emilio, J.).


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

The Supreme Court properly granted the respondents' respective motions for summary judgment. The respondents established a prima facie case for summary judgment. The conclusory affidavits submitted by the plaintiffs' expert, unsupported by evidence in the record, were insufficient to raise a triable issue of fact (see, Rosado v. Lutheran Med. Ctr., 202 A.D.2d 412; Guida v. Hsu, 187 A.D.2d 485). Balletta, J.P., Ritter, Altman and Hart, JJ., concur.


Summaries of

Schimsky v. St. John's Episcopal Hospital

Appellate Division of the Supreme Court of New York, Second Department
Feb 13, 1996
224 A.D.2d 513 (N.Y. App. Div. 1996)
Case details for

Schimsky v. St. John's Episcopal Hospital

Case Details

Full title:MATTHEW SCHIMSKY, an Infant, by His Father and Natural Guardian, MARC…

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

Date published: Feb 13, 1996

Citations

224 A.D.2d 513 (N.Y. App. Div. 1996)
638 N.Y.S.2d 334