James v. Corwin

Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered January 10, 2005, which denied defendants-appellants’ motion for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Plaintiffs’ expert’s affirmation in opposition is properly based on evidentiary facts in the record, including defendant midwife’s deposition testimony and defendant hospital’s records, and satisfied plaintiffs’ burden of showing the existence of issues of fact as to whether defendants departed from accepted standards of obstetrical care and, if so, thereby…