FOSTER v. KASSAB

Index No. 28645/18E. Appeal No. 14949. Case No. 2020-02748.

201 A.D.3d 405 (2022)

156 N.Y.S.3d 720

2022 NY Slip Op 00007

Dorothy Foster, as Administratrix of the Estate of Ky Marcel Swails, Deceased, Appellant, v. Maria Kassab, M.D., et al., Respondents.

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

Decided January 4, 2022.


Attorney(s) appearing for the Case

Sullivan Papain Block McGrath Coffinas & Cannavo P.C., New York ( Brian J. Shoot of counsel), for appellant.

Georgia M. Pestana , Corporation Counsel, New York ( Elina Druker of counsel), for respondents.

Concur—Gische, J.P., Singh, Mendez, Shulman, Pitt, JJ.


Defendants established prima facie, through detailed expert affidavits supported by the record evidence, that their treatment of plaintiff's decedent did not depart from good and accepted medical practice and was not a proximate cause of the decedent's injuries. In opposition, plaintiff failed to raise an issue of fact. Plaintiff's expert gastroenterologist opined that the decedent's gastroenterologist should have performed an esophagogastroduodenoscopy (EGD) at the decedent...

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