Appellate Division of the Supreme Court of New York, 2001

Atkins v. Piazza

Atkins v. Piazza
Appellate Division of the Supreme Court of New York · Decided March 21, 2001
281 A.D.2d 884; 722 N.Y.S.2d 196; 2001 N.Y. App. Div. LEXIS 2695
Atkins v. Piazza

Opinion of the Court

—Order unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court. We add only that, assuming, arguendo, that defendants Mian A. Majeed, M.D. and West-field Memorial Hospital made a prima facie showing that any negligence on their part was not a proximate cause of the injury to plaintiff Richard D. Atkins, we conclude that the affidavit of plaintiffs’ expert raises a triable question of fact on that issue (see, Bastin v Soldiers & Sailors Hosp., 258 AD2d 922). (Appeals from Order of Supreme Court, Chautauqua County, Martoche, J. — Summary Judgment.) Present — Pine, J. P., Hurl-butt, Scudder, Kehoe and Burns, JJ.

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