JOHNSON v. NEW YORK & PRESBYT. HOSP.

Index No. 22688/15E. Appeal No. 13979. Case No. 2019-2975.

195 A.D.3d 414 (2021)

144 N.Y.S.3d 587

2021 NY Slip Op 03408

Michael A. Johnson II, Respondent, v. The New York and Presbyterian Hospital, Appellant, et al., Defendants.

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

Decided June 1, 2021.


Attorney(s) appearing for the Case

Keller, O'Reilly & Watson, P.C., Woodbury ( Patrick J. Engle of counsel), for appellant.

Concur—Kern, J.P., Moulton, González, Scarpulla, JJ.


Defendant's motion for summary judgment dismissing the complaint should have been granted on the ground that defendant established, through the affidavits of its experts, that plaintiff's claimed injuries were not causally related to the alleged incident but were preexisting and degenerative. In opposition, plaintiff failed to raise an issue of fact as his expert orthopedic surgeon did not actually opine that plaintiff's claimed injuries were causally related to the incident...

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