STEENECK v. ARBIT


300 A.D.2d 173 (2002)

752 N.Y.S.2d 303

HENRY P. STEENECK, Appellant, v. EHUD ARBIT, M.D., et al., Respondents.

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

Decided December 24, 2002.


In the light of defendants' evidence that, regardless of how many follow-up visits were held, no treatment would have been rendered plaintiff unless and until he became symptomatic, the motion court rejected as conclusory plaintiff's expert's opinion that defendants' failure to monitor plaintiff's condition postoperatively was a departure from accepted standards of care that resulted in injury due to delayed treatment. The record reflects, however, that plaintiff complained...

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