Mineo v. Taefi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant’s motion for summary judgment dismissing the complaint in this medical malpractice action. We agree with plaintiff that defendant’s motion papers fail to address her allegation that defendant failed to diagnose postpartum “retained products of conception” and to treat that condition, and thus defendant failed to meet his initial burden of establishing his entitlement to judgment as a matter of law (see generally, Zuckerman v City of New York, 49 NY2d 557, 562). Even assuming, arguendo, that defendant…
2Cases cited2 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Bennett v. KnipfingAppellate Division of the Supreme Court of the State of New York · 1999
3Cited by1 opinion
- Brongo v. Town of GreeceAppellate Division of the Supreme Court of the State of New York · 2024