WICKS v. VIRK

712 CA 20-01013.

198 A.D.3d 1315 (2021)

152 N.Y.S.3d 379

2021 NY Slip Op 05209

Lakeysha Wicks, Individually and as Administratrix of the Estate of Kelvin Bradley, Deceased, Appellant, v. Amarjit Singh Virk, M.D., et al., Respondents.

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

Decided October 1, 2021.


Attorney(s) appearing for the Case

BROWN CHIARI LLP, BUFFALO ( TIMOTHY M. HUDSON OF COUNSEL), FOR PLAINTIFF-APPELLANT.

BROWN, GRUTTADARO & PRATO, PLLC, ROCHESTER ( JOHN M. CONIGLIO OF COUNSEL), FOR DEFENDANT-RESPONDENT AMARJIT SINGH VIRK, M.D.

ROACH, BROWN, MCCARTHY & GRUBER, P.C., BUFFALO ( MEGHANN N. ROEHL OF COUNSEL), FOR DEFENDANTS-RESPONDENTS BUFFALO GENERAL HOSPITAL AND KALEIDA HEALTH.

Present—Centra, J.P., Peradotto, NeMoyer, Curran and DeJoseph, JJ.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this medical malpractice action, plaintiff appeals from an order that granted defendants' respective motions for summary judgment dismissing the complaint against them. We affirm.

Defendant Amarjit Singh Virk, M.D. satisfied his initial burden on his motion with respect to both deviation and causation by submitting his own expert affidavit opining, with...

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