Cranker v. Infantino

Appellate Division of the Supreme Court of New York

Cranker v. Infantino

229 A.D.2d 908, 646 N.Y.S.2d 477, 1996 N.Y. App. Div. LEXIS 8922

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 12, 1996

StatusPublished

Cited by3 cases

This text of 229 A.D.2d 908 (Cranker v. Infantino) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cranker v. Infantino, 229 A.D.2d 908, 646 N.Y.S.2d 477, 1996 N.Y. App. Div. LEXIS 8922 (N.Y. Ct. App. 1996).

Pincite

Opinion

—Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting plaintiffs’ motion for partial summary judgment. The conflict[909]*909ing affidavits of experts regarding the accepted standard of medical care and whether defendant physician complied with that standard present credibility issues that cannot be resolved on a motion for summary judgment (see, Capelin Assocs. v Globe Mfg. Corp., 34 NY2d 338, 341; Luthart v Danesh [appeal No. 2], 201 AD2d 930). Further, factual issues exist whether the postoperative complication requiring further surgery was caused by the alleged negligence of defendant. (Appeal from Order of Supreme Court, Monroe County, Bergin, J.—Summary Judgment.) Present—Denman, P. J., Lawton, Wesley, Do-err and Balio, JJ.

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—Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting plaintiffs’ motion for partial summary judgment. The conflict[909]*909ing affidavits of experts regarding the accepted standard of medical care and whether defendant physician complied with that standard present credibility issues that cannot be resolved on a motion for summary judgment (see, Capelin Assocs. v Globe Mfg. Corp., 34 NY2d 338, 341; Luthart v Danesh [appeal No. 2], 201 AD2d 930). Further, factual issues exist whether the postoperative complication requiring further surgery was caused by the alleged negligence of defendant. (Appeal from Order of Supreme Court, Monroe County, Bergin, J.—Summary Judgment.) Present—Denman, P. J., Lawton, Wesley, Do-err and Balio, JJ.

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Bluebook (online)

229 A.D.2d 908, 646 N.Y.S.2d 477, 1996 N.Y. App. Div. LEXIS 8922, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cranker-v-infantino-nyappdiv-1996.

Opinion

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