Atkins v. Piazza

281 A.D.2d 884, 722 N.Y.S.2d 196, 2001 N.Y. App. Div. LEXIS 2695

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: March 21, 2001
• Status: Published

Opinion

—Order unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court. We add only that, assuming, arguendo, that defendants Mian A. Majeed, M.D. and West-field Memorial Hospital made a prima facie showing that any negligence on their part was not a proximate cause of the injury to plaintiff Richard D. Atkins, we conclude that the affidavit of plaintiffs’ expert raises a triable question of fact on that issue (see, Bastin v Soldiers & Sailors Hosp., 258 AD2d 922). (Appeals from Order of Supreme Court, Chautauqua County, Martoche, J. — Summary Judgment.) Present — Pine, J. P., Hurl-butt, Scudder, Kehoe and Burns, JJ.