PEREZ v. RIVERDALE FAMILY MED. PRACTICE, P.C.

10431A. 10431.

177 A.D.3d 554 (2019)

112 N.Y.S.3d 728

2019 NY Slip Op 08514

Meghan Ann Perez, Individually and as Administratrix of the Estate of Prudence Wehmeyer, Deceased, Respondent, v. Riverdale Family Medical Practice, P.C., et al., Defendants, and New York Presbyterian Hospital et al., Appellants.

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

Decided November 21, 2019.


NYPH established prima facie entitlement to judgment as a matter of law. NYPH submitted evidence showing that it did not commit medical malpractice in the treatment of decedent when she presented at the emergency room with complaints of back pain.

In opposition, plaintiffs failed to raise a triable issue of fact by submitting a nonconclusory opinion by a qualified expert (see Diaz v New York Downtown Hosp., 99 N.Y.2d 542...

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