Diaz v. New York Downtown Hospital

Mazzarelli and Saxe, JJ.,

dissent in a memorandum by Mazzarelli, J., as follows: I would affirm the order appealed from. “[T]he opinion of a qualified expert that a plaintiffs injuries were caused by a deviation from relevant industry standards [generally precludes granting] summary judgment in favor of [a] defendant!] (see, e.g., Trimarco v Klein, 56 NY2d 98, 106).” (Murphy v Conner, 84 NY2d 969, 972.) In this case, plaintiff submitted the affirmation of a qualified expert radiologist in opposition to defendant’s motion for summary judgment. She opined, based in part upon 1995 American…