Smith v. Cattani

Order, Supreme Court, New York County (Sheila AbdusSalaam, J.), entered October 21, 2002, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously modified, on the law, to deny the motion with respect to plaintiffs first cause of action, for medical malpractice, and that cause reinstated, and otherwise affirmed, without costs.

Summary judgment dismissing plaintiffs cause of action for medical malpractice should have been denied since the affirmation of plaintiffs expert, a plastic surgeon, was sufficient to raise factual issues as to whether defendant…