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NAHIGIAN v. KAPLITT

7206. 805122/12.

165 A.D.3d 418 (2018)

82 N.Y.S.3d 715

2018 NY Slip Op 06492

Dana Nahigian, Appellant, v. Michael G. Kaplitt et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 2, 2018.

Defendants established entitlement to judgment as a matter of law by submitting, inter alia, an affidavit from a board certified neurosurgeon who opined that defendant Kaplitt was not negligent in the performing of spinal surgery on plaintiff (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). Plaintiff's expert, who opined, without further explanation, that the procedure should...

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