Legal Opinion · Dissent
Ryan v. Santana
Appellate Division of the Supreme Court of the State of New York
Decided March 19, 2010Published
1Dissent
Peradotto and Pine, JJ. (dissenting).
We respectfully dissent. In our view, Hector B. Santana, M.D. and James B. Turchik, M.D. (defendants) met their burdens on those parts of their respective motions for summary judgment seeking dismissal of the complaint against them with respect to Jessica Ryan (plaintiff) by establishing that they did not deviate from accepted medical practice in treating plaintiff, and plaintiffs failed to raise a triable issue of fact with respect to the alleged malpractice of either defendant (see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324-325 [1986]).
Significa…
2Cases cited12 opinions
- Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
- Diaz v. New York Downtown HospitalNew York Court of Appeals · 2002
- Selmensberger v. Kaleida HealthAppellate Division of the Supreme Court of the State of New York · 2007
- Shahid v. New York City Health & Hospitals Corp.Appellate Division of the Supreme Court of the State of New York · 2008
- Micciola v. SacchiAppellate Division of the Supreme Court of the State of New York · 2007
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