Holmes v. Bronx-Lebanon Hospital Center

Judgment, Supreme Court, Bronx County (Edgar Walker, J.), entered January 14, 2014, dismissing the complaint, unanimously affirmed, without costs.

At trial, plaintiff failed to establish that defendant (Bronx-Lebanon) deviated or departed from accepted practice and that that departure was a proximate cause of her injury (see Foster-Sturrup v Long, 95 AD3d 726 [1st Dept 2012]). Liability was not established by plaintiffs expert’s conclusory assertion that the appropriate diagnostic testing, if performed by Bronx-Lebanon during a January 6, 2008 emergency room visit, would have revealed…