BENEFATTI v. CENTERLIGHT HEALTHCARE, INC.

Index No. 21614/14E. Appeal No. 12200. Case No. 2019-4909.

187 A.D.3d 632 (2020)

131 N.Y.S.3d 147

2020 NY Slip Op 06047

Delores Benefatti, as Administratrix of the Estate of Wanda Prezioso, Deceased, Appellant, v. Centerlight Healthcare, Inc., Formerly Known as Comprehensive Care Management Corporation, et al., Defendants, and David Matthew Bartol, D.P.M., Respondent.

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

Decided October 27, 2020.


In opposition to Dr. Bartol's prima facie showing that his podiatric treatment of decedent was not a proximate cause of decedent's injuries, plaintiff failed to raise a triable issue of fact. The opinions of plaintiff's experts, that departures from good and accepted standards of podiatric practice by Dr. Bartol were all proximate causes of decedent's injuries, were wholly conclusory (see generally Alvarez v Prospect Hosp., 68 N.Y.2d 320

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