VERA v. MONTEFIORE MEDICAL CENTER


60 A.D.3d 408 (2009)

874 N.Y.S.2d 85

WILLIAM VERA, Individually and as Administrator of the Estate of ELBA VERA, Deceased, Appellant, v. MONTEFIORE MEDICAL CENTER et al., Respondents.

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

Decided March 3, 2009.


In alleging medical malpractice resulting in personal injury and wrongful death, plaintiff asserted that Montefiore and its physicians were negligent in failing to timely diagnose and treat cancer in decedent's left breast, and later in her right breast. The medical records submitted on the renewal motion, along with the affirmation submitted by defendants' expert (which was identical to the opinion of a different expert on the original motion), established the following...

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