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S'Doia v. Dhabhar

Appellate Division of the Supreme Court of New York, Fourth Department
May 7, 1999
261 A.D.2d 968 (N.Y. App. Div. 1999)

Opinion

May 7, 1999

Appeal from Order of Supreme Court, Oneida County, Grow, J. — Summary Judgment.

Present — Pine, J. P., Lawton, Pigott, Jr., and Callahan, JJ.


Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of Gail C. Johnson, M.D., John R. Tretter, M.D., and James Cesare, M.D. (defendants) for summary judgment dismissing the complaint against them in this medical malpractice action. Defendants failed to meet their initial burden by their conclusory statements that their treatment of plaintiff's decedent did not deviate from accepted standards of care (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853). The deposition testimony and medical records also submitted by defendants did not adequately address the specific acts of negligence raised in the pleadings (cf., Maust v. Arseneau, 116 A.D.2d 1012). Defendants are not entitled to dismissal of the complaint based on the Good Samaritan Law (Education Law § 6527). That statute excludes emergency treatment in a doctor's office.


Summaries of

S'Doia v. Dhabhar

Appellate Division of the Supreme Court of New York, Fourth Department
May 7, 1999
261 A.D.2d 968 (N.Y. App. Div. 1999)
Case details for

S'Doia v. Dhabhar

Case Details

Full title:CYNTHIA S'DOIA, as Executrix of SAMUEL S'DOIA, Deceased, and on Behalf of…

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

Date published: May 7, 1999

Citations

261 A.D.2d 968 (N.Y. App. Div. 1999)
690 N.Y.S.2d 378

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