JOHN v. NEW YORK CITY HEALTH & HOSPS. CORP.

805011/15. Appeal No. 13161. Case No. 2019-4633.

191 A.D.3d 559 (2021)

138 N.Y.S.3d 862

2021 NY Slip Op 01123

Harold John, Respondent, v. New York City Health & Hospitals Corporation, Appellant.

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

Decided February 18, 2021.


Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York ( Tahirih M. Sadrieh of counsel), for appellant.

Levine & Grossman, Mineola ( Brian C. Lockhart of counsel), for respondent.

Concur—Renwick, J.P., Karn, Singh, Moulton, JJ.


In this medical malpractice action, defendant New York City Health and Hospitals Corporation made a prima facie showing of entitlement to summary judgment establishing that it did not depart from good and accepted practice in performing plaintiff's surgery or in its postoperative care of plaintiff. In opposition to the motion, plaintiff's expert raised issues of fact as to whether there were departures from good and accepted practice in the postoperative care and treatment...

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