| Giampa v Marvin L. Shelton, M.D., P.C. |
| 2009 NY Slip Op 07954 [67 AD3d 439] |
| November 5, 2009 |
| Appellate Division, First Department |
| Sloan Giampa, Appellant, v Marvin L. Shelton, M.D.,P.C., et al., Respondents. |
—[*1] Benvenuto, Arciero & McAndrew, Roslyn (James W. Tuffin of counsel), for Sheltonrespondents. Heidell, Pittoni, Murphy & Bach, LLP, White Plains (Garrett Lewis of counsel), forColumbia Presbyterian Medical Center, respondent.
Judgment, Supreme Court, New York County (Judith J. Gische, J.), entered May 29, 2008,dismissing the complaint, pursuant to an order, same court and Justice, entered April 29, 2008,which granted defendants' motions for summary judgment, unanimously affirmed, without costs.Appeal from the aforesaid order unanimously dismissed, without costs, as subsumed in theappeal from the judgment.
Medical experts' affirmations established prima facie that the treatment provided bydefendants to the injured plaintiff following the surgery on her ankle comported with good andaccepted practice. In opposition, plaintiff submitted the conclusory affirmation of an expert whodid not address the specific assertions of defendants' experts, particularly with respect to theissues of malpractice and causation (see Alvarez v Prospect Hosp., 68 NY2d 320, 325[1986]; Ramirez vColumbia-Presbyterian Med. Ctr., 16 AD3d 238 [2005]), and whose ultimate assertionswere speculative or unsupported by any evidentiary foundation (see Diaz v New YorkDowntown Hosp., 99 NY2d 542, 544 [2002]; Wong v Goldbaum, 23 AD3d 277, 279 [2005]).Concur—Sweeny, J.P., Buckley, Catterson, Acosta and Freedman, JJ.