Legal Opinion
McDermott v. New York Hospital-Cornell Medical Center
Appellate Division of the Supreme Court of the State of New York
Decided July 12, 2007PublishedCited by 4 opinions
1Opinion of the Court
Orders, Supreme Court, New York County (Sheila AbdusSalaam, J.), entered October 1, 2004 and December 6, 2005, which granted defendants’ motion summary judgment dismissing the complaint and denied plaintiff’s motion for renewal, unanimously affirmed, without costs.
Defendants established prima face entitlement to summary dismissal by submitting affirmations from their medical experts and Dr. Gretz, sufficiently eliminating material issues of fact. In response, plaintiff failed to offer proof in the form of facts “sufficient to require a trial” (CPLR 3212 [b]; see Alvarez v Prospect Hosp., 68…
2Cases cited5 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Grasso v. AngeramiNew York Court of Appeals · 1991
- Wong v. GoldbaumAppellate Division of the Supreme Court of the State of New York · 2005
- Giberson v. PanterAppellate Division of the Supreme Court of the State of New York · 2001
- Simms v. APA Truck Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 2005
3Cited by4 opinions
- Richards v. TysonAppellate Division of the Supreme Court of the State of New York · 2009
- Fung v. UddinAppellate Division of the Supreme Court of the State of New York · 2009
- David v. Narendralall Persaud, D.O.Appellate Division of the Supreme Court of the State of New York · 2016
- Galarza v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2026