LOGAN v. CARDI


202 A.D.2d 355 (1994)

616 N.Y.S.2d 181

Kimberly Logan, Respondent, v. Louis Cardi et al., Appellants, et al., Defendants

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

March 29, 1994


We agree with the IAS Court that defendant Dr. Cardi's affidavits in support of his cross motion, while substantiating the appropriateness of a cone biopsy, are bare and conclusory and insufficient to preclude liability as a matter of law with respect to plaintiff's claim that excessive tissue was removed during that procedure necessitating further surgical procedures during her pregnancy. Having failed to make a prima facie showing of entitlement to judgment as a matter...

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