As there are conflicting expert opinions, defendant's summary judgment motion as to plaintiff's claim relating to postsurgical care was properly denied. Since plaintiff's expert, in opposition to defendant's motion, did not address the claims for lack of informed consent and malpractice during surgery, and plaintiff does not pursue those claims on appeal, they are dismissed.
John v. New York City Health & Hosps. Corp., NY Slip Op 01123 (1st Dep't February 18, 2021)
