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VAZQUEZ v. BETH ABRAHAM HEALTH SERVS.

9207, 302183/10, 84001/13.

172 A.D.3d 411 (2019)

99 N.Y.S.3d 308

2019 NY Slip Op 03449

Miriam Vazquez et al., Plaintiffs, v. Beth Abraham Health Services, Defendant/Third-Party Plaintiff-Appellant, et al., Defendants. Ross Friedman, M.D., et al., Third-Party Defendants-Respondents, et al., Third-Party Defendant.

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

Decided May 2, 2019.

Dr. Friedman failed to make a prima facie showing that he did not commit medical malpractice, because his expert's affidavit was based on a disputed issue of fact (see Carey v St. Barnabas Hosp., 162 A.D.3d 435 [1st Dept 2018]). The expert asserted that, although Nurse Hughes had noted in the medical chart that the patient was momentarily unresponsive upon returning from physical therapy, Dr. Friedman had never been so informed,...

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