WILK, JOANNE v. JAMES, M.D., DAVID M.
Appellate Division of the Supreme Court of the State of New York
1DissentPeradotto, J.
I respectfully dissent. In my view, defendants-appellants (defendants) met their initial burden of establishing the absence of medical malpractice on their respective motions for summary judgment dismissing the amended complaint and all cross claims against them, and plaintiff failed to raise a triable issue of fact in opposition to the motions. I would therefore reverse the order, grant the motions, and dismiss the amended complaint and all cross claims against defendants.
This matter arises from the care and treatment rendered to Steven R Wilk (decedent) during four hospital visits that…
2Cases cited14 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Diaz v. New York Downtown HospitalNew York Court of Appeals · 2002
- Holbrook v. United Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 1998
- Foster-Sturrup v. LongAppellate Division of the Supreme Court of the State of New York · 2012
- Hernandez-Vega v. Zwanger-Pesiri Radiology GroupAppellate Division of the Supreme Court of the State of New York · 2007
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