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GILL v. CALFEE

Index No. 805443/13, Appeal No. 16147, Case No. 2021-01475.

206 A.D.3d 492 (2022)

168 N.Y.S.3d 323

2022 NY Slip Op 03965

Andrea Gill et al., Respondents, v. David Calfee, M.D., et al., Appellants, et al., Defendants.

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

Decided June 16, 2022.

Attorney(s) appearing for the Case

Heidell, Pittoni, Murphy & Bach, LLP, New York (Daniel S. Ratner, of counsel) for David Calfee, M.D., Fiona Iza, M.D., and New York Presbyterian Hospital, appellants.

Rubin Paterniti Gonzalez Rizzo Kaufman, LLP, New York (Juan C. Gonzalez, of counsel) for Dr. Gina Patrito, M.D., appellant.

Sholes & Miller, PLLC, Fishkill (Ellen A. Fischer, of counsel) for The Kingston Hospital, appellant.

Rosenberg, Minc, Falkoff & Wolff, LLP, New York (Sharon Elmaleh, of counsel) for respondents.

Concur—Renwick, J.P., Manzanet-Daniels, Kern, Shulman, JJ.

In opposition to appellants' prima facie showing establishing that they did not commit medical malpractice, plaintiffs' experts' conclusory and speculative opinions were insufficient to raise a triable issue of fact (Diaz v New York Downtown Hosp., 99 N.Y.2d 542, 544 [2002]). Even if defendants Dr. Calfee, Dr. Isa, and New York Presbyterian Hospital (NYPH defendants) departed from accepted practice in their "hand-off" of plaintiff...

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