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RUIZ v. REISS

11153.

180 A.D.3d 623 (2020)

121 N.Y.S.3d 16

2020 NY Slip Op 01396

Brenda Ruiz, Respondent, v. Andrzej J. Reiss, M.D., Defendant, and Bronx Lebanon Hospital Center, Appellant.

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

Decided February 27, 2020.

Plaintiff's expert relied on a new theory of liability in opposition to Bronx Lebanon's motion for summary judgment, which was not encompassed in the pleadings (see e.g. Hinson v Anderson, 159 A.D.3d 494 [1st Dept 2018]). Thus, such theory of liability should not have been considered (id.).

In any event, plaintiff's expert failed to raise a triable issue of fact in opposition to Bronx Lebanon's prima facie showing...

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