Legal Opinion
Goldsmith v. Taverni
Appellate Division of the Supreme Court of the State of New York
Decided December 13, 2011PublishedCited by 11 opinions
1Opinion of the Court
*705On their motion for summary judgment, the defendants had the burden of establishing either the absence of any departure from good and accepted medical practice or that the plaintiff was not injured thereby (see Heller v Weinberg, 77 AD3d 622, 622-623 [2010]; Dolan v Halpern, 73 AD3d 1117 [2010]). Here, the defendants met their initial burden by demonstrating that any departures from good and accepted medical practice were not a proximate cause of any alleged injuries. In that respect, the defendants’ expert averred that, despite any failure to diagnose the injured plaintiffs conditions, the…
2Cases cited4 opinions
- Heller v. WeinBergAppellate Division of the Supreme Court of the State of New York · 2010
- Dunn v. KhanAppellate Division of the Supreme Court of the State of New York · 2009
- Dolan v. HalpernAppellate Division of the Supreme Court of the State of New York · 2010
- McLoughlin v. Suffolk Obstetrics & Gynecology, LLPAppellate Division of the Supreme Court of the State of New York · 2011
3Cited by11 opinions
- DiLorenzo v. ZasoAppellate Division of the Supreme Court of the State of New York · 2017
- Longtemps v. OlivaAppellate Division of the Supreme Court of the State of New York · 2013
- Longhi v. LewitAppellate Division of the Supreme Court of the State of New York · 2020
- Abakpa v. MartinAppellate Division of the Supreme Court of the State of New York · 2015
- Metcalf v. O'HalleranAppellate Division of the Supreme Court of the State of New York · 2016
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