Legal Opinion · Dissent
Haas v. F.F. Thompson Hospital, Inc.
Appellate Division of the Supreme Court of the State of New York
Decided July 1, 2011PublishedCited by 6 opinions
1Dissent
Memorandum:
Defendants-appellants (defendants) appeal from an order that, inter alia, denied those parts of their motion for summary judgment dismissing the complaint against them in this medical malpractice action. We affirm. Even assuming, arguendo, that defendants met their initial burden on the motion, we conclude that plaintiffs raised triable issues of fact sufficient to defeat the motion by submitting the affidavit of their medical expert (see Selmensberger v Kaleida Health, 45 AD3d 1435, 1436 [2007]; see generally Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). “The conflicting…
2Cases cited3 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Selmensberger v. Kaleida HealthAppellate Division of the Supreme Court of the State of New York · 2007
- Ferlito v. DaraAppellate Division of the Supreme Court of the State of New York · 2003
3Cited by6 opinions
- SWORMVILLE FIRE CO. INC. v. K2M ARCHITECTS P.C.Appellate Division of the Supreme Court of the State of New York · 2017
- Andrews v. County of CayugaAppellate Division of the Supreme Court of the State of New York · 2016
- ANDREWS, RICHARD T. v. COUNTY OF CAYUGAAppellate Division of the Supreme Court of the State of New York · 2016
- Andrews v. County of CayugaAppellate Division of the Supreme Court of the State of New York · 2016
- Braxton v. Erie County Med. Ctr. Corp.Appellate Division of the Supreme Court of the State of New York · 2022
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