Feliciano v. St. Vincent De Paul Residence

Appellate Division of the Supreme Court of New York

Feliciano v. St. Vincent De Paul Residence

139 A.D.3d 463, 29 N.Y.S.3d 795

Appellate Division of the Supreme Court of the State of New York·Decided May 10, 2016·No. 1100 301093/10·Published

Opinion

Order, Supreme Court, Bronx County (Stanley Green, J.), entered January 13, 2015, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In opposition to defendants’ prima facie showing that the *464 care rendered to plaintiffs’ decedent was within the accepted standards of medical and nursing home care, plaintiffs’ expert’s report failed to raise an issue of fact since it contained statements of fact unsupported by the record and speculative medical conclusions (see Craig v St. Barnabas Nursing Home, 129 AD3d 643 [1st Dept 2015]).

Concur — Mazzarelli, J.P., Renwick, Saxe, Gische and Kahn, JJ.

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Order, Supreme Court, Bronx County (Stanley Green, J.), entered January 13, 2015, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In opposition to defendants’ prima facie showing that the *464 care rendered to plaintiffs’ decedent was within the accepted standards of medical and nursing home care, plaintiffs’ expert’s report failed to raise an issue of fact since it contained statements of fact unsupported by the record and speculative medical conclusions (see Craig v St. Barnabas Nursing Home, 129 AD3d 643 [1st Dept 2015]).

Concur — Mazzarelli, J.P., Renwick, Saxe, Gische and Kahn, JJ.

Feliciano v. St. Vincent De Paul Residence, 139 A.D.3d 463, 29 N.Y.S.3d 795 (N.Y. Ct. App. 2016).

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Opinion

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