Legal Opinion

Savage v. Quinn

Appellate Division of the Supreme Court of the State of New York

Decided January 17, 2012PublishedCited by 26 opinions

1Opinion of the Court

*749On 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 that the plaintiff was not injured by any such departure (see Salvia v St. Catherine of Sienna Med. Ctr., 84 AD3d 1053 [2011]; Ahmed v New York City Health & Hosps. Corp., 84 AD3d 709, 710 [2011]; Stukas v Streiter, 83 AD3d 18, 24-26 [2011]). Once a defendant physician has made such a showing, the burden shifts to the plaintiff to “submit evidentiary facts or materials to rebut the prima…

2Cases cited8 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Stukas v. StreiterAppellate Division of the Supreme Court of the State of New York · 2011
  3. Salvia v. St. Catherine of Sienna Medical CenterAppellate Division of the Supreme Court of the State of New York · 2011
  4. Ahmed v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2011
  5. Westport Insurance v. Altertec Energy Conservation, LLCAppellate Division of the Supreme Court of the State of New York · 2011

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3Cited by26 opinions

  1. Dyer Trust 2012-1 v. Global World Realty, Inc.Appellate Division of the Supreme Court of the State of New York · 2016
  2. Suero-Sosa v. CardonaAppellate Division of the Supreme Court of the State of New York · 2013
  3. Buchinger v. Jazz Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  4. Wiater v. LewisAppellate Division of the Supreme Court of the State of New York · 2021
  5. Bongiovanni v. CavagnuoloAppellate Division of the Supreme Court of the State of New York · 2016

21 more not listed; retrieve them via the Exa API.

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