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Haas v. F.F. Thompson Hospital, Inc.
Citations: 86 A.D.3d 913; 926 N.Y.2d 248
Court: Appellate Division of the Supreme Court of the State of New York; July 1, 2011; New York; State Appellate Court
Defendants-appellants appeal an order denying their motion for summary judgment in a medical malpractice lawsuit. The court affirms the lower court's decision, noting that even if the defendants initially met their burden, the plaintiffs successfully raised triable issues of fact. This was supported by an affidavit from their medical expert, indicating conflicting expert opinions on whether the defendants deviated from the accepted standard of care and if these deviations contributed to the injuries sustained by plaintiff Cheryl A. Haas. The presence of these credibility issues prevents resolution on summary judgment. Judges Centra, J.P., Fahey, Garni, Sconiers, and Green concurred in the decision.