DAVIS v. TANEJA

10521. 805123/15.

178 A.D.3d 481 (2019)

111 N.Y.S.3d 542

2019 NY Slip Op 08797

John Davis et al., Appellants, v. Samir Taneja et al., Respondents.

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

Decided December 10, 2019.


Attorney(s) appearing for the Case

Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf, New York ( Christopher J. Donadio of counsel), for appellants.

Aaronson Rappaport Feinstein & Deutsch, LLP, New York ( Elliot J. Zucker of counsel), for respondents.

Concur—Friedman, J.P., Webber, Kern, Oing, JJ.


Plaintiffs' theory of liability in this action alleging medical malpractice relies on the assertion that plaintiff John Davis was affixed to the operating table before the table was flexed into position in preparation for a partial nephrectomy. Defendants made a prima facie showing that Davis was affixed to the table after the table was flexed, through plaintiff's medical records, which noted that his skin was intact after the...

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