Avacato v. Mount Sinai Medical Center

Citation277 A.D.2d 32,715 N.Y.S.2d 146
PartiesDONNA AVACATO, as Administratrix of the Estate of ROSALIE AVACATO, Deceased, Respondent,<BR>v.<BR>MOUNT SINAI MEDICAL CENTER et al., Appellants, et al., Defendants.
Decision Date09 November 2000
CourtNew York Supreme Court — Appellate Division

Concur — Sullivan, P.J., Rosenberger, Williams, Ellerin and Buckley, JJ.

The affidavit of plaintiff's expert, in conjunction with the relevant hospital records, was sufficient to raise triable issues as to whether defendants had, in fact, properly and timely diagnosed and treated the decedent's condition in accordance with the accepted standard of medical care (compare, Alvarez v Prospect Hosp., 68 NY2d 320).

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9 cases
  • Cardaci v. Ciarello, 2007 NY Slip Op 31413(U) (N.Y. Sup. Ct. 5/24/2007)
    • United States
    • New York Supreme Court
    • May 24, 2007
    ...Dellert v. Kramer, 280 A.D.2d 438 (1st Dept. 2001); Morrison v. Altman, 278 A.D.2d 135 (1st Dept. 2000); A vacato v. Mount Sinai Med. Ctr., 277 A.D.2d 32 (1st Dept. 2000). Mr. Cardaci's case must be dismissed. He has failed to submit any expert evidence of medical malpractice in response to......
  • Orenstein v. Park
    • United States
    • New York Supreme Court
    • June 14, 2006
    ...2002); Dellert v. Kramer, 280 A.D.2d 438 (1st Dept. 2001); Morrison v. Altman, 278 A.D.2d 135 (1st Dept. 2000); Avacato v. Mount Sinai Med. Ctr., 277 A.D.2d 32 (1st Dept. 2000).General Allegations of Malpractice With regard to plaintiff's general allegations of malpractice, the parties have......
  • Sharpe v. West Side Hematology & Oncology, P.C.
    • United States
    • New York Supreme Court
    • October 21, 2011
    ...v. Kramer, 280 A.D.2d 438 (1st Dept. 2001); Morrison v. Altman, 278 A.D.2d 135 (1st Dept. 2000); Avacato v. Mount Sinai Med. Ctr., 277 A.D.2d 32 (1st Dept. 2000). Here, with regard to plaintiffs' negligent-administration-of-chemotherapy claim, both parties have submitted evidence sufficient......
  • Neuberger v. Barron
    • United States
    • New York Supreme Court
    • March 14, 2005
    ...2002); Dellert v. Kramer, 280 A.D.2d 438 (1st Dep't 2001); Morrison v. Altman, 278 A.D.2d 135 (1st Dep't 2000); Avacato v. Mount Sinai Med. Ctr., 277 A.D.2d 32 (1st Dep't 2000). Here, with regard to the claim that defendants negligently performed penile augmentation surgery on Mr. Neuberger......
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