Hauptman v. New York & Presbyterian Hospital

Defendant, by the affirmation of his physician expert, sustained his initial burden of establishing the absence of any departure from good and accepted medical practice or that the plaintiff was not injured thereby (Williams v Sahay, 12 AD3d 366, 368 [2004]; Feliz v Beth Israel Med. Ctr., 38 AD3d 396, 397 [2007]). In opposition, plaintiff’s physician’s affidavit failed to raise an issue of fact. Rather, plaintiff’s expert set forth conclusory statements regarding whether the treatment rendered to plaintiff constituted such a departure (Domaradzki v Glen Cove Ob/Gyn Assoc., 242 AD2d 282…