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HAAS, CHERYL v. FF THOMPSON HOSPITAL, INC.
Citation: Not availableDocket: CA 11-00275
Court: Appellate Division of the Supreme Court of the State of New York; July 1, 2011; New York; State Appellate Court
Original Court Document: View Document
An appeal was filed by defendants F.F. Thompson Hospital, Inc. and others against an order from the Supreme Court of Ontario County, which denied their motion for summary judgment in a medical malpractice case brought by plaintiffs Cheryl A. Haas and William K. Haas. The Appellate Division affirmed the lower court’s decision. The court found that even if the defendants initially met their burden, the plaintiffs successfully raised triable issues of fact by providing an affidavit from their medical expert. The differing expert opinions regarding the defendants' alleged deviations from the accepted standard of medical care and their impact on the injuries sustained by Cheryl A. Haas presented credibility issues that could not be resolved at the summary judgment stage. The court referenced precedents supporting its decision, highlighting that such disputes are inappropriate for summary judgment resolution.