Vendette v. Feinberg

— Order unanimously reversed, on the law, with costs, and motion denied. Memorandum: Special Term erred in granting summary judgment to the defendant doctor in this medical malpractice action. Although defendant, by expert opinion evidence, sought to establish his entitlement to summary judgment (cf. Winegrad v New York Univ. Med. Center, 64 NY2d 851), plaintiff sufficiently opposed the motion by alleging defendant admitted to him that defendant misread an X ray revealing that the bones in plaintiff’s wrist had not fully healed. Such an admission of a party constitutes evidence in admissible…