Legal Opinion

Lopez v. Gramuglia

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

Decided November 5, 2015No. 16063 302558/10PublishedCited by 9 opinions

1Opinion of the Court

Order, Supreme Court, Bronx County (Stanley Green, J.), entered July 23, 2014, which granted defendant Vincent Gramuglia DPM’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this medical malpractice action, plaintiff claims that defendant, a podiatrist, ignored certain of plaintiffs risk factors for deep vein thrombosis (DVT) during the treatment of plaintiffs ankle injury, and thus failed to diagnose DVT, which developed into a pulmonary embolism.

At the outset, defendant’s expert affirmation was properly considered. Dr. Robbins, an orthopedist,…

2Cases cited5 opinions

  1. Fuller v. PreisNew York Court of Appeals · 1974
  2. Shinn v. CatanzaroAppellate Division of the Supreme Court of the State of New York · 2003
  3. Limmer v. RosenfeldAppellate Division of the Supreme Court of the State of New York · 2012
  4. Scudera v. MahbuburAppellate Division of the Supreme Court of the State of New York · 2002
  5. Sassen v. LazarAppellate Division of the Supreme Court of the State of New York · 2013

3Cited by9 opinions

  1. Oluwatayo v. DulinayanAppellate Division of the Supreme Court of the State of New York · 2016
  2. Sapp v. S.J.C. 308 Lenox Avenue Family Ltd. PartnershipAppellate Division of the Supreme Court of the State of New York · 2017
  3. Kitt v. OkontaAppellate Division of the Supreme Court of the State of New York · 2016
  4. Brewster v. HunterAppellate Division of the Supreme Court of the State of New York · 2025
  5. Carcia v. GreifAppellate Division of the Supreme Court of the State of New York · 2020

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