| Altmann v Molead |
| 2008 NY Slip Op 04284 [51 AD3d 482] |
| May 8, 2008 |
| Appellate Division, First Department |
| Cynthia Altmann, Appellant, v Michael Molead, M.D., etal., Defendants, and Bobby J. Johnson, M.D., et al., Respondents. |
—[*1] Barry, McTiernan & Moore, New York (Laurel A. Wedinger of counsel), for Bobby J.Johnson, M.D., respondent. Bartlett, McDonough, Bastone & Monaghan, LLP, White Plains (Edward J. Guardaro, Jr. ofcounsel), for Luis F. Stiller, M.D. and Bronx Lebanon Hospital Center, respondents. Garbarini & Scher, P.C., New York (William D. Buckley of counsel), for St. BarnabasHospital, respondent.
Order, Supreme Court, Bronx County (Betty Owen Stinson J.), entered March 20, 2007,which granted the motion by defendants Stiller and Bronx Lebanon for summary judgmentdismissing the complaint as against them and also granted summary judgment to nonmovingdefendants Johnson and St. Barnabas, unanimously affirmed, without costs.
In response to the prima facie showing by Stiller and Bronx Lebanon, in this medicalmalpractice action, based on the hospital records, deposition testimony and the affirmation of anexpert in emergency medicine, plaintiff failed to raise an issue of fact. The affirmation ofplaintiff's expert was insufficient to contradict defendants' expert testimony that plaintiff wasappropriately diagnosed with bronchitis given her symptoms. His claim that defendants shouldhave detected plaintiff's endocarditis was conclusory and unsupported by the record (see Wong v [*2]Goldbaum, 23 AD3d 277 [2005]). Summary judgment wasalso properly granted to defendants Johnson and St. Barnabas upon a search of the record (CPLR3212 [b]). Concur—Tom, J.P., Williams, Catterson and Acosta, JJ.