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Appellate Division Affirms Summary Judgment for Obstetrician
On November 12, 2004, the Appellate Division, Second Department, affirmed a trial court’s decision granting summary judgment on behalf of an obstetrician in a case involving alleged negligence in the obstetrical care rendered to a woman resulting in severe neurological injuries to her newborn. The Appellate Division found that the 22 page expert affirmation submitted in opposition was “conclusory, speculative, self-contradictory, and lacked reasonable medical certainty, and therefore, was insufficient to raise a triable issue of fact.” Joshua R. Cohen and Anna R. Schwartz drafted the appellate brief. Rory J. Bellantoni argued the case before the Appellate Division.
