Legal Opinion

Whitaker v. Mercy Hospital

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

Decided July 13, 1990No. Appeal No. 1PublishedCited by 2 opinions

1Opinion of the Court

Order unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the memorandum decision of Supreme Court (Kane, J.). We add only that defendants met their burden on the motions for summary judgment in this medical malpractice action by submitting proof in admissible form showing their entitlement to judgment in their favor and that plaintiff failed to meet her burden in opposition to the motion by the submission of expert medical opinion in admissible form (see, Alvarez v Prospect Hosp., 68 NY2d 320, 327; Zuckerman v City of New York, 49 NY2d 557, 563). The unsworn…

2Cases cited4 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Maust v. ArseneauAppellate Division of the Supreme Court of the State of New York · 1986
  4. Graves v. Rochester General HospitalAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by2 opinions

  1. Whitaker v. Mercy HospitalAppellate Division of the Supreme Court of the State of New York · 1990
  2. Whitaker v. Mercy HospitalAppellate Division of the Supreme Court of the State of New York · 1990

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