SHAW v. GOLOWA

25342/14E. Appeal No. 12612. Case No. 2019-03272.

189 A.D.3d 516 (2020)

133 N.Y.S.3d 808

2020 NY Slip Op 07477

Makeda Shaw, Individually and as Administratrix of the Estate of Donovan Shaw, Deceased, Respondent, v. Yosef S. Golowa, M.D., et al., Appellants, et al., Defendants.

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

Decided December 10, 2020.


Attorney(s) appearing for the Case

Kaufman Borgeest & Ryan LLP, Valhalla ( David Bloom of counsel), for appellants.

The Gucciardo Law Firm, PLLC, Mineola ( Paul L. LaClair of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Gesmer, Moulton, Shulman, JJ.


Plaintiff claims that the decedent died as a result of internal bleeding caused by defendants' negligent laceration of his anterior abdominal wall during a transjugular liver biopsy. The sole issue in dispute is whether defendants caused the lacerations. We find that issues of fact exist sufficient to preclude summary judgment.

The parties' experts offer conflicting opinions with respect to the distance between the section of the liver that was biopsied and the lacerations...

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