Legal Opinion

Daum v. Auburn Memorial Hospital

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

Decided November 19, 1993PublishedCited by 9 opinions

1Opinion of the Court

—Order unanimously reversed on the law without costs, motions granted and complaint dismissed. Memorandum: Supreme Court erred in denying defendants’ motions for summary judgment in this medical malpractice action. Defendants, by competent expert proof, showed their entitlement to summary judgment. In a responding affidavit, plaintiffs expert failed to set forth his medical qualifications. An expert witness must possess the requisite skill, training, knowledge or experience to ensure that an opinion rendered is reliable (Matott v Ward, 48 NY2d 455). Because we have no basis upon which to…

2Cases cited2 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Matott v. WardNew York Court of Appeals · 1979

3Cited by9 opinions

  1. Menzel v. PlotnickAppellate Division of the Supreme Court of the State of New York · 1994
  2. Gomez v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1995
  3. LaMarque v. North Shore University HospitalAppellate Division of the Supreme Court of the State of New York · 1996
  4. Smith v. M.V. Woods Construction Co.Appellate Division of the Supreme Court of the State of New York · 2003
  5. Contacare, Inc. v. CIBA-Geigy Corp.Appellate Division of the Supreme Court of the State of New York · 2008

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