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Torres v. Cergnul

Court of Appeals of New York.
Dec 12, 2017
2017 N.Y. Slip Op. 8623 (N.Y. 2017)

Opinion

No. 146 SSM 30

12-12-2017

Jessica TORRES, Respondent, v. Irene G. CERGNUL, M.D., et al., Appellants, New York City Health and Hospitals Corporation, et al., Defendants.

Submitted by Steven C. Mandell, for appellants. Submitted by Carl B. Tegtmeier, for respondent.


Submitted by Steven C. Mandell, for appellants.

Submitted by Carl B. Tegtmeier, for respondent.

On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, and certified question answered in the affirmative. Defendants Irene G. Cergnul, M.D. and Bronx–Lebanon Hospital Center did not preserve for our review their argument concerning the admissibility of the expert affidavit submitted by plaintiff in opposition to their motion for summary judgment. Moreover, defendant Bronx–Lebanon Hospital Center has abandoned any other argument. On this record, triable questions of fact preclude summary judgment in favor of defendants.

Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Wilson and Feinman concur. Judge Garcia dissents and votes to reverse and answer the certified question in the negative, for reasons stated in the dissenting opinion by Justice Andrias at the Appellate Division ( 146 A.D.3d 509, at 512–522, 45 N.Y.S.3d 55 ).


Summaries of

Torres v. Cergnul

Court of Appeals of New York.
Dec 12, 2017
2017 N.Y. Slip Op. 8623 (N.Y. 2017)
Case details for

Torres v. Cergnul

Case Details

Full title:Jessica TORRES, Respondent, v. Irene G. CERGNUL, M.D., et al., Appellants…

Court:Court of Appeals of New York.

Date published: Dec 12, 2017

Citations

2017 N.Y. Slip Op. 8623 (N.Y. 2017)
30 N.Y.3d 1024
66 N.Y.S.3d 454
88 N.E.3d 899

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