Bezerman v. Bailine
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Queens County (O’Donoghue, J.), dated December 15, 2010, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
On a motion for summary judgment dismissing the complaint in a medical malpractice action, a defendant must make a prima facie showing that there was no departure from good and accepted medical practice, or, if there was a departure, that the plaintiff was not injured thereby (see…
2Cases cited10 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Stukas v. StreiterAppellate Division of the Supreme Court of the State of New York · 2011
- DiMitri v. MonsouriAppellate Division of the Supreme Court of the State of New York · 2003
- Thompson v. OrnerAppellate Division of the Supreme Court of the State of New York · 2007
- Graziano v. CoolingAppellate Division of the Supreme Court of the State of New York · 2010
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Brinkley v. Nassau Health Care Corp.Appellate Division of the Supreme Court of the State of New York · 2014
- Bendel v. RajpalAppellate Division of the Supreme Court of the State of New York · 2012
- Kerrins v. South Nassau Communities HospitalAppellate Division of the Supreme Court of the State of New York · 2017
- Keun Young Kim v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 2017
- Giambona v. HinesAppellate Division of the Supreme Court of the State of New York · 2013
6 more not listed; retrieve them via the Exa API.