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BRADLEY v. SOUNDVIEW HEALTH-CENTER

4 A.D.3d 194 (2004)

772 N.Y.S.2d 56

BOBBY BRADLEY, Respondent, v. SOUNDVIEW HEALTH-CENTER, Defendant, and ROBERT LOCASTRO, D.P.M., Appellant.

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

February 19, 2004.

There is a triable issue of fact as to the proximate cause of plaintiff's injury. Conflicting expert affidavits raise issues of fact and credibility that cannot be resolved on a motion for summary judgment (see Morris v Lenox Hill Hosp., 232 A.D.2d 184 [1996], affd 90 N.Y.2d 953 [1997]). The fact that plaintiff did not have an infected toe on his last visit to defendant-appellant, and that...

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