ABALOLA v. FLOWER HOSPITAL


44 A.D.3d 522 (2007)

843 N.Y.S.2d 615

DIANA ABALOLA, Individually and as Administrator of the Estate of GLENNIE TINDAL, Deceased, Respondent, v. FLOWER HOSPITAL, Now Known as TERENCE CARDINAL COOKE HEALTH CARE CENTER, Appellant.

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

Decided October 23, 2007.


Defendant made a prima facie case of entitlement to summary judgment by submitting an affirmation of a medical expert establishing that defendant had rendered acceptable medical care to plaintiff's decedent. In response, plaintiff submitted evidence insufficient to raise a triable issue of fact, as the affirmation of plaintiff's physician expert not only failed to controvert a number of points in defendant's expert affirmation, but also was conclusory and devoid of analysis...

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