Login
  • Bookmark
  • PDF
  • Share
  • CaseIQ

HESHIN v. LEVITT

Appellate Division of the Supreme Court of New York, Second Department.
Jul 26, 2000
Important Paras
Please sign up to view Important Paras.
DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with one bill of costs.

The defendants' motions for, among other relief, summary judgment dismissing the medical malpractice causes of action were supported by expert medical evidence establishing their prima facie entitlement to judgment as a matter of law (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853). In opposing the motions, the plaintiff submitted an affidavit of a medical expert. However, the affidavit failed to connect the factual assertions made therein to the plaintiffs' claim other than in a conclusory manner (see, Vogel v. Palmieri, 221 A.D.2d 522, 523). Thus, the medical malpractice causes of action were properly dismissed.