BROWDER v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION


37 A.D.3d 375 (2007)

830 N.Y.S.2d 551

ERIC BROWDER, an Infant, by His Mother and Natural Guardian, PATRICIA BROWDER, et al., Appellants, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided February 27, 2007.


In opposition to defendant's prima facie showing based on the hospital records, the deposition testimony and the affirmation of an expert pediatric urologist with many years of experience in that field, plaintiff in this medical malpractice action failed to raise an issue of fact. The affirmation of plaintiff's purported expert was insufficient since it did not indicate either the affiant's specialty or that he or she possessed the requisite background and knowledge to furnish...

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