Pierson v. Good Samaritan Hospital
Opinion of the Court
In a medical malpractice action to recover damages for personal injuries, etc., the plaintiffs appeal from an order of the Supreme Court, Rock-land County (Meehan, J.), dated February 26, 1993, which granted the motion of the defendant Ramapo Radiology Associates for summary judgment dismissing the complaint as against it.
Ordered that the order is affirmed, with costs.
The plaintiffs commenced this medical malpractice action against the defendant Ramapo Radiology Associates (hereinafter Ramapo) alleging that Ramapo members failed to properly interpret the plaintiff’s x-rays. In support of its summary judgment motion, the defendant Ramapo submitted an affidavit by Dr. Joel Canter, a Board certified radiologist, in which he stated that he had reviewed the plaintiff’s medical records and x-rays and determined that the radiological studies were properly taken, interpreted and reported by the various members of the defendant Ramapo. The court properly concluded that this affidavit was adequate to establish, prima facie, that the radiological studies were properly performed and interpreted (see generally, Alvarez v Prospect Hosp., 68 NY2d 320; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853).
Once the movant demonstrates a prima facie showing of entitlement to judgment as a matter of law, the burden shifts to the party opposing the motion for summary judgment to produce evidentiary proof in admissible form sufficient to establish the existence of material issues of fact which require a trial of the action (see, Zuckerman v City of New York, 49
Case-law data current through December 31, 2025. Source: CourtListener bulk data.