Legal Opinion
Bradley v. Soundview Healthcenter
Appellate Division of the Supreme Court of the State of New York
Decided February 19, 2004PublishedCited by 30 opinions
1Opinion of the Court
Order, Supreme Court, Bronx County (Alan Saks, J.), entered March 26, 2003, which denied defendant LoCastro’s motion for summary judgment, unanimously affirmed, without costs.
There is a triable issue of fact as to the proximate cause of plaintiffs injury. Conflicting expert affidavits raise issues of fact and credibility that cannot be resolved on a motion for summary judgment (see Morris v Lenox Hill Hosp., 232 AD2d 184 [1996], affd 90 NY2d 953 [1997]). The fact that plaintiff did not have an infected toe on his last visit to defendant-appellant, and that the latter did nothing, in the view…
2Cases cited3 opinions
- Morris v. Lenox Hill HospitalAppellate Division of the Supreme Court of the State of New York · 1996
- Morris v. Lenox Hill HospitalNew York Court of Appeals · 1997
- Giberson v. PanterAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by30 opinions
- Valenti v. CaminsAppellate Division of the Supreme Court of the State of New York · 2012
- Cregan v. SachsAppellate Division of the Supreme Court of the State of New York · 2009
- Ocampo v. Abetta Boiler & Welding Sevice, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Vega v. S.S.A. Properties, Inc.Appellate Division of the Supreme Court of the State of New York · 2004
- Severino v. WellerAppellate Division of the Supreme Court of the State of New York · 2017
25 more not listed; retrieve them via the Exa API.