Alvarado v. Miles

New York Court of Appeals

Alvarado v. Miles

875 N.E.2d 24, 9 N.Y.3d 902

CourtNew York Court of Appeals

DecidedSeptember 11, 2007

StatusPublished

Cited by11 cases

This text of 875 N.E.2d 24 (Alvarado v. Miles) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alvarado v. Miles, 875 N.E.2d 24, 9 N.Y.3d 902 (N.Y. 2007).

Pincite

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

The expert affidavit submitted by plaintiff is conclusory and insufficient to raise an issue of fact as to whether defendant’s failure to see plaintiff personally on July 11 was a departure from the requisite standard of care. There is conflicting evidence as to whether defendant departed from the requisite standard of care by failing to arrange coverage for plaintiff during his absence on July 13, but this failure, if it occurred, was not a substantial factor in causing plaintiffs injuries.

[904]*904Chief Judge Kaye and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed, with costs, in a memorandum.

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