VITI v. FRANKLIN GEN. HOSP.


190 A.D.2d 790 (1993)

Filomena Viti, as Administratrix of The Estate of Francesco Viti, Deceased, Appellant, v. Franklin General Hospital et al., Defendants, and Edward T. Davison, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 16, 1993


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the respondent's motion is denied.

The respondent's medical expert's bare conclusory assertions that (1) the respondent conformed to accepted medical practices, (2) the cause of the plaintiff's decedent's death could not have been reasonably diagnosed, and (3) even if the cause of death could be diagnosed it could not have been successfully treated, were insufficient to establish...

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