Valente v. Richmond Orthopedic Associates

Appellate Division of the Supreme Court of New York

Valente v. Richmond Orthopedic Associates

250 A.D.2d 835, 671 N.Y.S.2d 1021, 1998 N.Y. App. Div. LEXIS 5999

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

DecidedMay 26, 1998

StatusPublished

This text of 250 A.D.2d 835 (Valente v. Richmond Orthopedic Associates) 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.

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Valente v. Richmond Orthopedic Associates, 250 A.D.2d 835, 671 N.Y.S.2d 1021, 1998 N.Y. App. Div. LEXIS 5999 (N.Y. Ct. App. 1998).

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Opinion

—In an action, inter alia, to recover damages for medical malpractice, etc., the defendants St. Vincent’s Medical Center of Richmond and Dr. J. O’Shaughnessy appeal from an order of the Supreme Court, Richmond County (Leone, J.), dated April 18, 1997, which denied their motion for summary judgment dismissing the" complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly denied the appellants’ motion for summary judgment, as they improperly relied upon the affirmation of an expert witness whose identity was redacted from the affirmation (Marano v Mercy Hosp., 241 AD2d 48; see, Henson v Winthrop Univ. Hosp., 249 AD2d 510). O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.

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—In an action, inter alia, to recover damages for medical malpractice, etc., the defendants St. Vincent’s Medical Center of Richmond and Dr. J. O’Shaughnessy appeal from an order of the Supreme Court, Richmond County (Leone, J.), dated April 18, 1997, which denied their motion for summary judgment dismissing the" complaint insofar as asserted against them.

Ordered that the order is affirmed, with costs.

The Supreme Court correctly denied the appellants’ motion for summary judgment, as they improperly relied upon the affirmation of an expert witness whose identity was redacted from the affirmation (Marano v Mercy Hosp., 241 AD2d 48; see, Henson v Winthrop Univ. Hosp., 249 AD2d 510). O’Brien, J. P., Ritter, Thompson, Friedmann and Goldstein, JJ., concur.

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250 A.D.2d 835, 671 N.Y.S.2d 1021, 1998 N.Y. App. Div. LEXIS 5999, Counsel Stack Legal Research, https://law.counselstack.com/opinion/valente-v-richmond-orthopedic-associates-nyappdiv-1998.

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