WEINBERG v. GUTTMAN BREAST & DIAGNOSTIC INST.


254 A.D.2d 213 (1998)

679 N.Y.S.2d 127

Max Weinberg, Individually and as Executor of Beatrice Weinberg, Deceased, Respondent, v. Guttman Breast and Diagnostic Institute, Appellant, et al., Defendants

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

October 27, 1998


The affidavit of plaintiff's expert, a board certified gynecologist and obstetrician, was sufficient to demonstrate the existence of triable issues of fact respecting plaintiff's claims for medical malpractice, which include defendant-appellant's failure to timely detect decedent's metastatic breast cancer, and thus precluded the grant of defendant Institute's motion for summary judgment as to those claims (see, Alvarez v Prospect Hosp., 68...

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