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Cahill v. County of Westchester

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1996
226 A.D.2d 571 (N.Y. App. Div. 1996)

Opinion

April 22, 1996

Appeal from the Supreme Court, Westchester County (Silverman, J.).


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the dismissal of the action is with prejudice.

The evidence submitted by the defendants in support of their motion for summary judgment established a prima facie case that treatment of the infant plaintiff was not negligent, and that the infant plaintiff did not suffer any injuries. In order to demonstrate the existence of a triable issue of fact, the plaintiffs were required to submit evidentiary facts or materials to rebut the prima facie showing by the defendants that they were not negligent in treating the infant plaintiff ( see, Alvarez v Prospect Hosp., 68 N.Y.2d 320; Fileccia v. Massapequa Gen. Hosp., 63 N.Y.2d 639; Kramer v. Rosenthal, 224 A.D.2d 392). General allegations of medical malpractice, merely conclusory and unsupported by competent evidence tending to establish the essential elements of the claim, are insufficient to defeat a prima facie showing of entitlement to summary judgment (see, Alvarez v. Prospect Hosp., supra; Kramer v. Rosenthal, supra). The requisite elements of proof in a medical malpractice action are a deviation or departure from accepted practice and evidence that such departure was a proximate cause of injury or damage ( see, Bloom v. City of New York, 202 A.D.2d 465). In opposition, the plaintiffs failed to rebut the defendants' showing, and therefore, the defendants were entitled to an unconditional award of summary judgment. Mangano, P.J., Thompson, Florio and McGinity, JJ., concur.


Summaries of

Cahill v. County of Westchester

Appellate Division of the Supreme Court of New York, Second Department
Apr 22, 1996
226 A.D.2d 571 (N.Y. App. Div. 1996)
Case details for

Cahill v. County of Westchester

Case Details

Full title:MARY BETH CAHILL et al., Respondents, v. COUNTY OF WESTCHESTER et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 22, 1996

Citations

226 A.D.2d 571 (N.Y. App. Div. 1996)
641 N.Y.S.2d 348

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