Legal Opinion

Dow v. Lenox Hill Hospital

Appellate Division of the Supreme Court of the State of New York

Decided April 10, 2007Published

1Opinion of the Court

Order, Supreme Court, Bronx County (George D. Salerno, J.), entered January 5, 2006, which granted defendants’ motion for summary judgment, inter alia, dismissing plaintiff’s medical malpractice cause of action, unanimously affirmed, without costs.

*287Defendants, through the affirmations of their medical experts, met their burden as summary judgment movants to demonstrate a prima facie entitlement to judgment, and plaintiff did not in response “show facts sufficient to require a trial of any issue of fact” by evidentiary proof in admissible form (CPLR 3212 [b]). The motion court properly refused…

2Cases cited2 opinions

  1. Grasso v. AngeramiNew York Court of Appeals · 1991
  2. Simms v. APA Truck Leasing Corp.Appellate Division of the Supreme Court of the State of New York · 2005

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