AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Judges

ANTHONY MARINACCIO, an Infant, by His Mother and Natural Guardian, CHRISTINA MARINACCIO, et al., Respondents, v. SOCIETY OF THE NEW YORK HOSPITAL et al., Defendants, and ELIZABETH C. SALTER, as Executrix of the Estate of HIRAM B. SALTER, JR., Deceased, et al., Appellants.

Ordered that the order is reversed, on the law, with one bill of costs, the appellants' motions are granted, and the complaint is dismissed insofar as asserted against the appellants.

The Supreme Court erred in failing to grant the appellants' motions. The affidavit of the plaintiffs' expert which contained conclusory assertions that the injured plaintiff's injuries were the result of improper nourishment, hydration, and inadequate oxygen therapy, failed to meet the plaintiffs' burden of supplying proof sufficient to rebut the affidavits submitted by the defendants in support of their motions for summary judgment. Those affidavits by a neonatalist and a geneticist stating their opinions and the factual bases therefor established that the nature and extent of the injured plaintiff's disability could not have resulted from the post-birth care by the appellants, but was characteristic of a genetic defect ( see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Fileccia v. Massapequa Gen. Hosp., 63 N.Y.2d 639; Vogel v. Palmieri, 221 A.D.2d 522; Muscatello v. City of New York, 215 A.D.2d 463; Jederlinic v. Arya, 209 A.D.2d 586; Toledo v. Ordway, 208 A.D.2d 518; Dachille v. Good Samaritan Hosp., 207 A.D.2d 373). Accordingly the complaint is dismissed insofar as asserted against the appellants. Rosenblatt, J.P., Miller, Thompson and Joy, JJ., concur.

Use AI to get other relevant cases.

Comments

MARINACCIO v. SOCIETY OF THE NEW YORK HOSP
(Feb 20, 1996)