From Casetext: Smarter Legal Research

Logan v. Cardi

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 1994
202 A.D.2d 355 (N.Y. App. Div. 1994)

Opinion

March 29, 1994

Appeal from the Supreme Court, Suffolk County (Alan Oshrin, J.).


We agree with the IAS Court that defendant Dr. Cardi's affidavits in support of his cross motion, while substantiating the appropriateness of a cone biopsy, are bare and conclusory and insufficient to preclude liability as a matter of law with respect to plaintiff's claim that excessive tissue was removed during that procedure necessitating further surgical procedures during her pregnancy. Having failed to make a prima facie showing of entitlement to judgment as a matter of law, the motion for summary judgment was properly denied (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324).

Concur — Ellerin, J.P., Wallach, Kupferman, Rubin and Williams, JJ.


Summaries of

Logan v. Cardi

Appellate Division of the Supreme Court of New York, First Department
Mar 29, 1994
202 A.D.2d 355 (N.Y. App. Div. 1994)
Case details for

Logan v. Cardi

Case Details

Full title:KIMBERLY LOGAN, Respondent, v. LOUIS CARDI et al., Appellants, et al.…

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

Date published: Mar 29, 1994

Citations

202 A.D.2d 355 (N.Y. App. Div. 1994)
616 N.Y.S.2d 181

Citing Cases

S S Mach. v. Mfrs. Hanover

Aside from the question of service, the inadequate state of the record here also precludes summary judgment.…