Legal Opinion
Barlev v. Bethpage Physical Therapy Associates, P.C.
Appellate Division of the Supreme Court of the State of New York
Decided November 19, 2014No. 2013-11169PublishedCited by 9 opinions
1Opinion of the Court
In an action to recover damages for medical malpractice, the defendant appeals, as limited by its brief, from so much of an order of the Supreme Court, Queens County (J. Golia, J.), entered September 6, 2013, as denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
In a medical malpractice action, a defendant moving for summary judgment has the burden of establishing, prima facie, either the absence of any departure from good and accepted medical practice, or that any departure was not a proximate cause of the…
2Cases cited4 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Wall v. Flushing Hospital Medical CenterAppellate Division of the Supreme Court of the State of New York · 2010
- Couch v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2002
- Yaegel v. CiuffoAppellate Division of the Supreme Court of the State of New York · 2012
3Cited by9 opinions
- Bongiovanni v. CavagnuoloAppellate Division of the Supreme Court of the State of New York · 2016
- Martinez v. Orange Regional Med. Ctr.Appellate Division of the Supreme Court of the State of New York · 2022
- Tomeo v. BecciaAppellate Division of the Supreme Court of the State of New York · 2015
- Marsh v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
- Weiszberger v. KCM TherapyAppellate Division of the Supreme Court of the State of New York · 2020
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