Zawadzki v. Knight
Zawadzki v. Knight
Opinion of the Court
OPINION OF THE COURT
Memorandum.
The order of the Appellate Division should be affirmed, with costs.
The Appellate Division correctly concluded that defendant laboratory made a prima facie showing of its entitlement to summary judgment. As stated by that court, defendant submitted proof to the effect that the blood test was properly performed, that defendant did not interpret the test results, and that the negative test result it obtained could have been correct even though a different laboratory obtained a positive result on a sample of decedent’s blood drawn two months later. In light of that showing, the affidavit of plaintiff’s medical expert was insufficient to raise a material issue of fact
Chief Judge Wachtler and Judges Simons, Kaye, Alexander, Titone, Hancock, Jr., and Bellacosa concur.
Order affirmed, with costs, in a memorandum.
Reference
- Full Case Name
- Thaddeus Zawadzki, Individually and as Administrator of the Estate of Sheila Zawadzki v. Ovid D. Knight, and Biozyme Medical Laboratories Associates of MDS Health Group, Inc.
- Cited By
- 11 cases
- Status
- Published