Narrative Opinion Summary
Order reversed unanimously, with costs awarded, and the motion denied. In this medical malpractice case, the court found that Special Term improperly granted summary judgment to defendant Snyder. The medical affidavit provided by the plaintiff raised a factual issue that cannot be resolved through summary judgment. The appeal originated from an order by Supreme Court, Onondaga County, presided over by Judge Tenney, with the appellate decision rendered by Justices Dillon, Callahan, Doerr, Denman, and Moule.
Legal Issues Addressed
Appellate Review of Lower Court Decisionssubscribe to see similar legal issues
Application: The appellate court reversed the lower court's decision, indicating the lower court's error in granting summary judgment.
Reasoning: Order reversed unanimously, with costs awarded, and the motion denied.
Summary Judgment in Medical Malpractice Casessubscribe to see similar legal issues
Application: The court determined that summary judgment was improperly granted due to the presence of a factual issue raised by the plaintiff's medical affidavit.
Reasoning: The medical affidavit provided by the plaintiff raised a factual issue that cannot be resolved through summary judgment.