| Coronel v New York City Health & Hosps. Corp. |
| 2008 NY Slip Op 00190 [47 AD3d 456] |
| January 15, 2008 |
| Appellate Division, First Department |
| Gabriela Coronel et al., Appellants, v New York CityHealth and Hospitals Corporation et al., Respondents. |
—[*1] Michael A. Cardozo, Corporation Counsel, New York City (Ann E. Scherzer of counsel), forrespondents.
Order, Supreme Court, New York County (Alice Schlesinger, J.), entered December 7, 2006,which granted defendants' motion for summary judgment dismissing the complaint, unanimouslyaffirmed, without costs.
Defendants made a prima facie case of entitlement to summary judgment dismissing thismedical malpractice action by submitting an affirmation from a medical expert establishing thatthe treatment provided to the injured plaintiff prior to and during the delivery of her babycomported with good and accepted practice. In response, plaintiffs failed to raise a triable factualissue, as the affirmation from their expert set forth general conclusions, misstatements ofevidence and unsupported assertions, which were insufficient to demonstrate that defendantsfailed to comport with accepted medical practice, or that any such failure was the proximatecause of plaintiff's injuries (see Ramirezv Columbia-Presbyterian Med. Ctr., 16 AD3d 238 [2005]; Diaz v New YorkDowntown Hosp., 99 NY2d 542, 544 [2002]). Concur—Lippman, P.J., Buckley,Gonzalez and Sweeny, JJ.