Legal Opinion

Carlton v. St. Barnabas Hospital

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

Decided January 26, 2012PublishedCited by 6 opinions

1Opinion of the Court

Third-party defendants made a prima facie showing — based on hospital records, deposition testimony and the affirmations of experts — that their treatment of plaintiffs late husband comported with good and accepted medical practice. Contrary to plaintiff’s contention, the emergency medical physician’s opinions were not conclusory (cf. Wasserman v Carella, 307 AD2d 225, 226 [2003]). In addition, plaintiff failed to preserve her argument that third-party defendants and their experts relied on inadmissible evidence (see Pirraglia v CCC Realty NY Corp., 35 AD3d 234, 235 [2006]), and we decline to…

2Cases cited4 opinions

  1. Wong v. GoldbaumAppellate Division of the Supreme Court of the State of New York · 2005
  2. Wasserman v. CarellaAppellate Division of the Supreme Court of the State of New York · 2003
  3. Pirraglia v. CCC Realty NY Corp.Appellate Division of the Supreme Court of the State of New York · 2006
  4. Altmann v. MoleadAppellate Division of the Supreme Court of the State of New York · 2008

3Cited by6 opinions

  1. Tomeo v. BecciaAppellate Division of the Supreme Court of the State of New York · 2015
  2. Lyons v. DeNiseAppellate Division of the Supreme Court of the State of New York · 2014
  3. Lyons v. DeNiseAppellate Division of the Supreme Court of the State of New York · 2014
  4. Viera v. KhasdanAppellate Division of the Supreme Court of the State of New York · 2020
  5. Ward v. Lincoln Electric Co.Appellate Division of the Supreme Court of the State of New York · 2014

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