...that the defendant's omissions or departures were a competent producing cause of the injury ( see, Cerkvenik v. County of Westchester, 200 A.D.2d...). Although the affidavit of the plaintiff's medical expert attested to a departure, it was devoid of any expression or opinion that the alleged departure was a competent producing cause of any injury or...cause of action sounding in medical malpractice, a plaintiff must submit a physician's affidavit of merit attesting to a departure from accepted practice and containing the attesting doctor's opinion...

...AD3d 366, 368). In opposition, the plaintiff must submit a physician's affidavit attesting to the defendant's departure from accepted practice, which departure was a competent producing cause of the...raise a triable issue of fact regarding the competent producing cause of her injuries ( see Jonassen v Staten Is. Univ. Hosp., 22 AD3d 805, 806; Dellacona v Dorf, 5 AD3d 625; Dixon v...and evidence that such departure was a proximate cause of injury or damage ( see Thompson v Orner, 36 AD3d 791; Anderson v Lamaute, 306 AD2d 232, 233). On a motion for summary judgment, a...

...omissions were a competent producing cause of the death of Aaron Lifshitz ( see Domaradzki v. Glen Cove OB/GYN Assocs., 242 A.D.2d 282...). The conclusory affidavit of the plaintiffs' medical expert failed to demonstrate that the alleged departure of the defendants was the proximate cause of the death. This was insufficient to defeat...

...injury was a "competent producing cause" of the loss of consciousness suffered just prior to the automobile accident of May 10, 1983. The Supreme Court granted the cross motion for...head injury sustained in the first accident was a competent producing cause of a blackout which led to the second accident. In our view, the plaintiff sustained this burden. It is...embolism resulted from the fracture of the arm, and that the automobile accident was a competent producing cause of all the subsequent...

...to a departure from accepted practice and containing the attesting doctor's opinion that the defendant's omissions or departures were a competent producing cause of the injury" ( Domaradzki v Glen...competent producing cause of the injury ( see Jonassen v Staten Is. Univ. Hosp., 22 AD3d 805, 806...accepted practice and evidence that such departure was a proximate cause of injury or damage" ( Anderson v Lamaute, 306 AD2d 232, 233...

...that plaintiff-appellant had failed to present evidence that the delay in providing medical attendance to her intestate was a competent producing cause of the pneumonitis which caused his death...a competent producing cause of the pneumonitis which resulted in death. They take the position that the deceased might have developed pneumonia and died even if he had been taken to the hospital or....) Whether or not the evidence established that the delay of eighteen hours on the part of the village authorities was a competent producing cause of the death of the decedent is largely...

...thedefendant's omissions or departures were a competent producing cause of the injury" ( Keevan v Rifkin, 41 AD3d 661, 662 [internal...proximate cause of decedent's death. Instead, Dr. Stein concluded that decedent's death was caused by preexisting cardiovascular disease. Dr. Stein's affirmation constituted competent evidence inasmuch as...Manzanet-Daniels, J.), entered July 1, 2008. The order granted defendants' motions to dismiss the wrongful death cause of action...

...plaintiff was a competent producing cause of her injuries ( see Thompson v Orner, 36 AD3d at 792). Accordingly, Park's motion for summary judgment dismissing the complaint insofar as asserted against him should have been granted. ...producing cause of the injury ( see Rebozo v Wilen, 41 AD3d at 458, Domaradzki v Glen Cove Ob/Gyn Assoc., 242 AD2d 282). General...Hosp., 68 NY2d 320, 324). A physician's affidavit in opposition to a motion for summary judgment must attest to the defendant's departure from accepted practice, which departure was a competent...

...competent producing cause of the injury ( see Flanagan v Catskill Regional Med. Ctr., 65 AD3d 563, 565...not depart from good and accepted standards of care with respect to Bittleman, and that nothing he did or failed to do was a competent producing cause of Bittleman's injuries and death. In opposition...the initial burden of establishing, prima facie, either the absence of any departure from good and accepted medical practice or that any departure was not the proximate cause of the alleged injuries...

...son-in-law and grandson who were engaging in horseplay. Dr. Sobel, the sole medical witness, testified that said nonindustrial incident could have been the competent producing cause of claimant's...disability and at no time was there any medical opinion given that the work-related injury was or could have been, solely or in part, the competent producing cause of disability. Claimant can derive no...satisfaction from the following portion of the doctor's cross-examination: "Q. It's a possibility the altercation was the competent producing cause of her condition? A. Yes. Q. Is it also possible, as in...

...the accident was a competent producing cause of her present condition, the determination, reflected in the amount of the verdict, that the accident did in fact cause the condition, is against the...

...disease, which was a competent producing cause irrespective of whether or not he was subjected to any unusual strain...that this decedent was doing on the day of his death and the day previous thereto was a competent producing cause of his death." He later testified: "It is reasonable to assume that the state of the...man's heart disease, that any stress or strain, stress or strain of the type of work that this man was doing was a competent producing cause of this man's death. * * * It was a factor for the cause of...

...opinion that the alleged departure was a competent producing cause of the plaintiff's injuries ( see Rebozo v Wilen, 41 AD3d at 458...a departure from good and accepted practice and that such departure or deviation was a proximate cause of injury or damage ( see Myers v Ferrara...offering an expert's affidavit containing general allegations of medical malpractice which are conclusory in nature and unsupported by competent evidence tending to establish the elements of medical...

...dismissed, without costs. Memorandum: We think the plaintiff has failed to present evidence that the delay in providing medical attendance to the deceased was a competent producing cause of the pneumonitis...prompt medical attention. The jury was therefore permitted to speculate as to the cause of the disease. The evidence being insufficient to support the finding of the jury as to the cause of death being due...

...respondent's surgeon, for appellant's own purpose and benefit and not in the medical treatment of respondent, and that such removal was the competent producing cause of respondent's injury...

...producing cause of Miss Magers' injuries, was prejudicial error. The question was based on assumptions unsupported by evidence, that is, that certain teeth of Miss Magers were broken and that she remained.... Further, the ruling of the trial court, permitting the witness Dr. Overton to answer the hypothetical question as to whether the collision was a competent...

...consider the reply papers. Therein, defendants' physician did not deny the existence of the hesitation, but claimed that it was not causally related to the accident and could not be a competent producing cause of...

...were degenerative, plaintiff's doctors were unanimous in concluding that the subject accident was the sole competent producing cause of plaintiff's knee injuries, based upon (1) their individual...

...received in the accident could be found to be a proximate cause of the death if the medical proof demonstrated that the injuries were a competent producing cause of the death, though not the...exclusive cause ( Dunham v. Village of Canisteo, 303 N.Y. 498, 504). Ughetta, Acting P.J., Christ, Brennan, Hill and Hopkins, JJ., concur. ...

...departure from good and accepted practice, and stating the physician's opinion that the alleged departure was a competent producing cause of the plaintiffs injuries" (citations omitted...a competent producing cause of the injury" (( Cerkvenik v County of Westchester, 200 AD2d 703, 703 [1994]; see Domaradzki v Glen Cove Ob/Gyn Assoc, 242 AD2d 282 [1997...defeat summary judgment, must raise a triable issue of fact not only as to this element of a medical malpractice cause of action, but as to causation as well. Although decisions of this Court have, on...