Sarah Ziolkowski of MMP&S secured a reversal of a lower court order which had denied, in part, the defendant nursing home’s motion for summary judgment.  At the conclusion of discovery, the nursing home had moved the lower court for summary judgment on all claims asserted against it by the Plaintiff – the administrator of the estate for a former resident – who had alleged four specific instances of negligence. The lower court dismissed three of the four instances of negligence, and the nursing home appealed the partial denial of its motion to Appellate Division, First Department, after the lower court denied the nursing home’s motion to reargue. On appeal, the First Department held that the nursing home was entitled to judgment as a matter of law because no triable issue of fact existed as to whether the nursing home departed from “accepted medical practice in its treatment of the decedent, or whether any such departure was a proximate cause of his injuries and death.” The First Department held that the Plaintiff’s expert affirmation, which was based upon the premise that the decedent had fallen from bed, was wholly speculative and insufficient to raise any issues of fact.

Practice Areas
Healthcare & Medical
Appellate Practice