Legal Opinion
Archer v. Haeri
Appellate Division of the Supreme Court of the State of New York
Decided January 17, 2012PublishedCited by 3 opinions
1Opinion of the Court
Contrary to the defendants’ contention, the Supreme Court properly denied their motion for summary judgment dismissing the complaint. In order to establish liability for professional malpractice, a plaintiff must prove that the defendants deviated or departed from accepted community standards of practice and that such departure was a proximate cause of the plaintiff’s injuries (see Stukas v Streiter, 83 AD3d 18, 23 [2011]; Heller v Weinberg, 77 AD3d 622 [2010]). On their motion for summary judgment, the defendants had the burden of establishing the absence of any departure from good and…
2Cases cited9 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Stukas v. StreiterAppellate Division of the Supreme Court of the State of New York · 2011
- Heller v. WeinBergAppellate Division of the Supreme Court of the State of New York · 2010
- Kuri v. BhattacharyaAppellate Division of the Supreme Court of the State of New York · 2007
- Henao v. Ting Sal PingAppellate Division of the Supreme Court of the State of New York · 1999
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3Cited by3 opinions
- Moore v. Franklin Hospital Medical Center-North Shore-Long Island Jewish Health SystemAppellate Division of the Supreme Court of the State of New York · 2017
- Cohen v. Lebgutt Realty, LLCAppellate Division of the Supreme Court of the State of New York · 2018
- Welsh v. Perfect Renovation, Corp.Appellate Division of the Supreme Court of the State of New York · 2015