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MULROE v. NEW YORK-PRESBYT. HOSP.

Index No. 162310/15. Appeal No. 15620. Case No. 2021-02148.

203 A.D.3d 665 (2022)

164 N.Y.S.3d 612

2022 NY Slip Op 02204

Cynthia Mulroe, Respondents, v. New York-Presbyterian Hospital et al., Appellants, et al., Defendant.

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

Decided March 31, 2022.

Attorney(s) appearing for the Case

Martin Clearwater & Bell LLP, East Meadow ( Gregory A. Cascino of counsel), for appellants.

Kramer, Dillof, Livingston & Moore, New York ( Matthew Gaier of counsel), for respondents.

Concur—Gische, J.P., Oing, Scarpulla, Shulman, Higgitt, JJ.

Defendants made a prima facie showing of entitlement to summary judgment through their expert, who averred that defendants' treatment of plaintiff was within the standard of care and any difficulties with the treatment were caused by plaintiff's underlying cancer. Plaintiffs' expert failed to address that opinion, and thus failed to rebut defendants' showing of entitlement to summary judgment (see Abalola v Flower Hosp.,

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