Appellate Division of the Supreme Court of New York, 1997

Weissman v. Wider

Appellate Division of the Supreme Court of New York · Decided January 21, 1997

235 A.D.2d 474; 652 N.Y.S.2d 1006; 1997 N.Y. App. Div. LEXIS 419

Cases that cite this one

7 later published cases cite this decision.

Pastore v. Schwartz (Appellate Division of the Supreme Court of New York 2017)
Worthy v. Good Samaritan Hospital Medical Center (Appellate Division of the Supreme Court of New York 2008)
Monsels v. Sinclair (Appellate Division of the Supreme Court of New York 2008)
Johnson v. Queens-Long Island Medical Group, P.C. (Appellate Division of the Supreme Court of New York 2005)
Barbuto v. Winthrop University Hospital (Appellate Division of the Supreme Court of New York 2003)
Zarzana v. Sheepshead Bay Obstetrics & Gynecology, P. C. (Appellate Division of the Supreme Court of New York 2001)
Bennett v. Knipfing (Appellate Division of the Supreme Court of New York 1999)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

In an action to recover damages for medical malpractice and wrongful death, the defendants David Allan Baker and Mae B. Hultin separately appeal, as limited by their briefs, from so much of an order of the Supreme Court, Suffolk County (Doyle, J.), dated February 6, 1996, as granted the plaintiffs’ motion for renewal and, upon renewal, vacated its original determination made in an order of the same court, dated March 31, 1995, granting the appellants’ motions for summary judg*475ment dismissing the complaint insofar as asserted against them, and denied the motions.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

Under the circumstances presented, the Supreme Court properly exercised its discretion in granting the plaintiffs’ motion for renewal to permit consideration of a subsequently obtained expert’s affidavit (see, Menconeri v Professional Auto Transp., 223 AD2d 915; Hantz v Fishman, 155 AD2d 415; see also, Friedman v U-Haul Truck Rental, 216 AD2d 266; Canzoneri v Wigand Corp., 168 AD2d 593; Oremland v Miller Minutemen Constr. Corp., 133 AD2d 816). In light of the conflicting factual allegations and the opposing expert medical opinions, the court properly denied summary judgment to the appellants (see, Montalbano v North Shore Univ. Hosp., 154 AD2d 579; Mullen v Sonabend, 173 AD2d 528; see also, Winegrad v New York Univ. Med. Ctr., 64 NY2d 851; cf., Datiz v Shoob, 125 AD2d 628, affd 71 NY2d 867). Ritter, J. P., Thompson, Friedmann and McGinity, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.