Waters v. Mount Sinai School of Medicine

Appellate Division of the Supreme Court of New York

Waters v. Mount Sinai School of Medicine

38 A.D.3d 257, 831 N.Y.S.2d 71

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

DecidedMarch 8, 2007

StatusPublished

Cited by2 cases

This text of 38 A.D.3d 257 (Waters v. Mount Sinai School of Medicine) 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

Waters v. Mount Sinai School of Medicine, 38 A.D.3d 257, 831 N.Y.S.2d 71 (N.Y. Ct. App. 2007).

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Opinion

Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered September 22, 2005, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants in this medical malpractice and wrongful death action established, in their motion, a prima facie case that they adhered to accepted standards of medical practice in treating the infant. The burden then shifted to plaintiffs, whose response consisted only of speculation, thus failing to raise any genuine material issues of fact (see Rodriguez v Montefiore Med. Ctr., 28 AD3d 357 [2006]). Speculation is not a substitute for competent evidence even in an action for wrongful death (Agius v State of [258]*258New York, 50 AD2d 1049, 1050 [1975]). Concur—Andrias, J.P., Friedman, Sullivan, Williams and Catterson, JJ.

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Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered September 22, 2005, which granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Defendants in this medical malpractice and wrongful death action established, in their motion, a prima facie case that they adhered to accepted standards of medical practice in treating the infant. The burden then shifted to plaintiffs, whose response consisted only of speculation, thus failing to raise any genuine material issues of fact (see Rodriguez v Montefiore Med. Ctr., 28 AD3d 357 [2006]). Speculation is not a substitute for competent evidence even in an action for wrongful death (Agius v State of [258]*258New York, 50 AD2d 1049, 1050 [1975]). Concur—Andrias, J.P., Friedman, Sullivan, Williams and Catterson, JJ.

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Bluebook (online)

38 A.D.3d 257, 831 N.Y.S.2d 71, Counsel Stack Legal Research, https://law.counselstack.com/opinion/waters-v-mount-sinai-school-of-medicine-nyappdiv-2007.

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