Bradley v. Soundview Healthcenter
Cases that cite this one
30 later published cases cite this decision. The 25 that cite it most often are listed here.
- Severino v. Weller (Appellate Division of the Supreme Court of New York 2017)
- Legrand v. USC-NYCON, LLC (Appellate Division of the Supreme Court of New York 2025)
- Saez v. Lyka Taxi Inc. (New York Supreme Court, New York County 2025)
- Goldman v. Chopt Creative Salad Co., LLC (Appellate Division of the Supreme Court of New York 2024)
- Network-1 Tech., Inc. v. Netgear, Inc. (Appellate Division of the Supreme Court of New York 2024)
- Rock v. 2701 Broadway Realty LLC (New York Supreme Court, New York County 2024)
- Bossert v. New York Univ. Langone Med. Ctr. Tisch Hosp. (Appellate Division of the Supreme Court of New York 2023)
- Bossert v. New York Univ. Langone Med. Ctr. Tisch Hosp. (Appellate Division of the Supreme Court of New York 2023)
- Carter v. HP Lafayette Boynton Hous. Dev. Fund Co., Inc. (Appellate Division of the Supreme Court of New York 2022)
- Diaz v. NYU Langone Med. Ctr. (Appellate Division of the Supreme Court of New York 2021)
- Diaz v. NYU Langone Med. Ctr. (Appellate Division of the Supreme Court of New York 2021)
- Santullo v. Chen (Appellate Division of the Supreme Court of New York 2021)
- Santullo v. Chen (Appellate Division of the Supreme Court of New York 2021)
- Lassala v. Russell (Appellate Division of the Supreme Court of New York 2021)
- Lassala v. Russell (Appellate Division of the Supreme Court of New York 2021)
- Papa v. United States (District Court, N.D. New York 2021)
- Siegal v. Adler (Appellate Division of the Supreme Court of New York 2020)
- Ayers v. Mohan (Appellate Division of the Supreme Court of New York 2020)
- Robinson v. Nelson (Appellate Division of the Supreme Court of New York 2019)
- J.A.D. v. Arevalo (Appellate Division of the Supreme Court of New York 2017)
- Manswell v. Montefiore Medical Center (Appellate Division of the Supreme Court of New York 2016)
- Hernandez v. 21 Realty Co. (Appellate Division of the Supreme Court of New York 2014)
- Hernandez v. 21 Realty Co. (Appellate Division of the Supreme Court of New York 2014)
- People v. Greenberg (Appellate Division of the Supreme Court of New York 2012)
- Valenti v. Camins (Appellate Division of the Supreme Court of New York 2012)
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
Order, Supreme Court, Bronx County (Alan Saks, J.), entered March 26, 2003, which denied defendant LoCastro’s motion for summary judgment, unanimously affirmed, without costs.
There is a triable issue of fact as to the proximate cause of plaintiffs injury. Conflicting expert affidavits raise issues of fact and credibility that cannot be resolved on a motion for summary judgment (see Morris v Lenox Hill Hosp., 232 AD2d 184 [1996], affd 90 NY2d 953 [1997]). The fact that plaintiff did not have an infected toe on his last visit to defendant-appellant, and that the latter did nothing, in the view of his expert, that might
With regard to the claim for lack of informed consent, we note that the motion was supported only by counsel’s statement that inasmuch as an expert had concluded the treatment rendered was not the proximate cause of the alleged injuries, the claim could not be sustained. However, appellant’s expert never addressed this claim in his affidavit. Since appellant never did set forth a prima facie entitlement to summaiy judgment on this issue as a matter of law, the burden never shifted to plaintiff to come forward with evidence to refute this defense (cf. Giberson v Panter, 286 AD2d 217 [2001], lv denied 97 NY2d 606 [2001]). Concur—Nardelli, J.E, Saxe, Williams and Marlow, JJ.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.