Legal Opinion
Severino v. Weller
Appellate Division of the Supreme Court of the State of New York
Decided February 21, 2017No. 106422/09PublishedCited by 7 opinions
1Opinion of the Court
OPINION OF THE COURT
Renwick, J.P.
Summary judgment pursuant to CPLR 3212 permits a defendant to dispose of a case promptly where claims lack merit. It is not intended to deprive a plaintiff of the right to adjudicate claims where factual issues exist. In this case, we adhere to the rule that summary judgment is not authorized in a medical malpractice action where the parties adduce conflicting opinions of medical experts (see Fernandez v Moskowitz, 85 AD3d 566 [1st Dept 2011]). Contrary to the dissent’s conclusion, the opinions of plaintiffs’ experts were based upon facts in evidence and were…
2Cases cited4 opinions
- Anyie B. v. Bronx Lebanon HospitalAppellate Division of the Supreme Court of the State of New York · 2015
- Bradley v. Soundview HealthcenterAppellate Division of the Supreme Court of the State of New York · 2004
- Fernandez v. MoskowitzAppellate Division of the Supreme Court of the State of New York · 2011
- Sisko v. New York HospitalAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by7 opinions
- Artemiou v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
- Artemiou v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
- Bylander v. JahnAppellate Division of the Supreme Court of the State of New York · 2017
- Debose, Premeire v. Lacour-GayetAppellate Division of the Supreme Court of the State of New York · 2019
- Gobind v. NercessianAppellate Division of the Supreme Court of the State of New York · 2024
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