SMITH v. CATTANI


2 A.D.3d 259 (2003)

769 N.Y.S.2d 32

HOWARD SMITH, Appellant, v. ROBERT CATTANI, M.D., Respondent.

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

December 16, 2003.


Summary judgment dismissing plaintiff's cause of action for medical malpractice should have been denied since the affirmation of plaintiff's expert, a plastic surgeon, was sufficient to raise factual issues as to whether defendant doctor's decision to treat plaintiff's baldness with hair transplants was medically appropriate and as to whether the transplants were performed in accordance with prevailing professional standards of professional care (cf. Alvarez v Prospect...

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