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HAUPTMAN v. NEW YORK AND PRESBYT. HOSP.

402764/07, 6673, 6673A, 6673B

92 A.D.3d 423 (2012)

937 N.Y.S.2d 228

2012 NY Slip Op 723

MARTIN HAUPTMAN, Appellant, v. NEW YORK AND PRESBYTERIAN HOSPITAL, Defendant, and VINCENT J. LEWIS, as Executor of VINCENT J. LEWIS, Deceased, Respondent.

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

Decided February 2, 2012.

Defendant, by the affirmation of his physician expert, sustained his initial burden of establishing the absence of any departure from good and accepted medical practice or that the plaintiff was not injured thereby (Williams v Sahay, 12 A.D.3d 366, 368 [2004]; Feliz v Beth Israel Med. Ctr., 38 A.D.3d 396, 397 [2007]). In opposition, plaintiff's physician's affidavit failed to raise an issue...

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