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McDERMOTT v. NEW YORK HOSPITAL-CORNELL MEDICAL CENTER

42 A.D.3d 346 (2007)

839 N.Y.S.2d 497

SARAH McDERMOTT, Appellant, v. NEW YORK HOSPITAL-CORNELL MEDICAL CENTER et al., Respondents.

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

Decided July 12, 2007.

Defendants established prima face entitlement to summary dismissal by submitting affirmations from their medical experts and Dr. Gretz, sufficiently eliminating material issues of fact. In response, plaintiff failed to offer proof in the form of facts "sufficient to require a trial" (CPLR 3212 [b]; see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). The court properly refused to consider...

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