Practice point: Summary judgment is not appropriate in a medical malpractice action
where the parties adduce conflicting medical expert opinions. Such conflicting expert opinions will raise credibility issues which can only be resolved by a jury.
Student note: However, a plaintiff's expert's affidavit that is
conclusory or speculative is insufficient to raise a triable issue of
fact in opposition to a defendant's prima facie showing of entitlement
to judgment as a matter of law in a medical malpractice action.
Case: Barrocales v. New York Methodist Hosp., NY Slip Op 07606 (2d Dept. 2014)
Here is the decision.
Friday's issue: Tree wells, ownership, and liability.
