Lyons v. McCauley

CourtNew York Supreme Court Appellate Division
Citation252 A.D.2d 516,675 N.Y.S.2d 375
Decision Date13 July 1998
Parties, 1998 N.Y. Slip Op. 7004 Joan B. LYONS, et al., Appellants, v. Joseph A. McCAULEY, etc., Respondent.

Page 375

675 N.Y.S.2d 375
252 A.D.2d 516, 1998 N.Y. Slip Op. 7004
Joan B. LYONS, et al., Appellants,
v.
Joseph A. McCAULEY, etc., Respondent.
Supreme Court, Appellate Division,
Second Department.
July 13, 1998.

Page 376

Felton and Associates, Brooklyn (Regina Felton, of counsel), for appellants.

Martin, Clearwater & Bell, New York City (Patricia D'Alvia and William P. Brady, of counsel), for respondent.

MANGANO, P.J., COPERTINO, JOY and FLORIO, JJ.

MEMORANDUM BY THE COURT.

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from a judgment of the Supreme Court, Kings County (Demarest, J.), entered May 1, 1997, which, upon the motion of the defendant for judgment as a matter of law made at the conclusion of the presentation of evidence at trial, dismissed the complaint for failure to make out a prima facie case.

ORDERED that the judgment is affirmed, with costs.

To be entitled to judgment as a matter of law pursuant to CPLR 4401, the defendant has the burden of showing that, upon viewing the evidence in the light most favorable to the plaintiff, the plaintiff has not made out a prima facie case. The court may grant the motion only if there is no rational process by which the jury could find for the plaintiff against the moving defendant (see, Farrukh v. Board of Educ. of City of N.Y., 227 A.D.2d 440, 643 N.Y.S.2d 118). While the question of negligence is almost always a question of fact and a function for the jury (see, Nallan v. Helmsley-Spear, Inc., 50 N.Y.2d 507, 429 N.Y.S.2d 606, 407 N.E.2d 451), the initial determination of whether the proof is sufficient to support such a finding is a question of law for the court (see, Cohen v. Hallmark Cards, 45 N.Y.2d 493, 499, 410 N.Y.S.2d 282, 382 N.E.2d 1145).

The elements of proof in an action to recover damages for medical malpractice are (1) deviation or departure from accepted practice, and (2) evidence that such departure was a proximate cause of injury or damage (see, Prete v. Rafla-Demetrious, 224 A.D.2d 674, 638 N.Y.S.2d 700). To carry the burden of proving a prima facie case, the plaintiff must generally show that the defendant's negligence was a substantial factor in producing the injury (see, Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 434 N.Y.S.2d 166, 414 N.E.2d 666). Expert testimony is necessary to prove a deviation from accepted standards of medical care and to establish proximate cause unless the matter is one

Page 377

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52 practice notes
  • Montagnino v. Inamed Corp., INDEX NO. 13532/07
    • United States
    • United States State Supreme Court (New York)
    • May 11, 2012
    ...and that "but for" the alleged wrongful conduct,Page 4plaintiff would not have suffered the injury complained of. (Lyons v. McCauley, 252 A.D.2d 516, 675 N.Y.S.2d 375 (2d Dept. 1998); Lynch v. Bay Ridge Obstetrical, 72 N.Y.2d 632, 536 N.Y.S.2d 11 (1998)). The requisite elements of proof in ......
  • Meyers v. Epstein, No. 01-Civ. 1754(GWG).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • November 14, 2002
    ...from accepted practice, and (2) evidence that such departure was a proximate cause of injury or damage." See, e.g., Lyons v. McCauley, 252 A.D.2d 516, 517, 675 N.Y.S.2d 375 (2d Dep't 1998) (citation omitted). The Meyers have provided evidence from an expert witness, a physician, stating tha......
  • Montagnino v. Inamed Corp., No. 13532/07.
    • United States
    • United States State Supreme Court (New York)
    • May 9, 2012
    ...of care and that “but for” the alleged wrongful conduct, plaintiff would not have suffered the injury complained of. (Lyons v. McCauley, 252 A.D.2d 516, 675 N.Y.S.2d 375 (2d Dept.1998); Lynch v. Bay Ridge Obstetrical, 72 N.Y.2d 632, 536 N.Y.S.2d 11 (1998)). The requisite elements of proof i......
  • Glicksman v. Rosenzweig, 2009 NY Slip Op 31698(U) (N.Y. Sup. Ct. 7/13/2009), 11770/07
    • United States
    • United States State Supreme Court (New York)
    • July 13, 2009
    ...see also, Zak v. Brookhaven Memorial Hosp. Medical Center, 54 A.D.3d 852,863 N.Y.S.2d 821 (2d Dept, 2008), citing Lyons v. McCauley, 252 A.D.2d 516, 675 N.Y.S.2d 375 (2d Dept, 1998), lv den. 92 N.Y.2d 814 [1998]). `"The plaintiffs evidence may be deemed legally sufficient even if his expert......
  • Request a trial to view additional results
52 cases
  • Montagnino v. Inamed Corp., INDEX NO. 13532/07
    • United States
    • United States State Supreme Court (New York)
    • May 11, 2012
    ...and that "but for" the alleged wrongful conduct,Page 4plaintiff would not have suffered the injury complained of. (Lyons v. McCauley, 252 A.D.2d 516, 675 N.Y.S.2d 375 (2d Dept. 1998); Lynch v. Bay Ridge Obstetrical, 72 N.Y.2d 632, 536 N.Y.S.2d 11 (1998)). The requisite elements of proof in ......
  • Meyers v. Epstein, No. 01-Civ. 1754(GWG).
    • United States
    • United States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
    • November 14, 2002
    ...from accepted practice, and (2) evidence that such departure was a proximate cause of injury or damage." See, e.g., Lyons v. McCauley, 252 A.D.2d 516, 517, 675 N.Y.S.2d 375 (2d Dep't 1998) (citation omitted). The Meyers have provided evidence from an expert witness, a physician, stating tha......
  • Montagnino v. Inamed Corp., No. 13532/07.
    • United States
    • United States State Supreme Court (New York)
    • May 9, 2012
    ...of care and that “but for” the alleged wrongful conduct, plaintiff would not have suffered the injury complained of. (Lyons v. McCauley, 252 A.D.2d 516, 675 N.Y.S.2d 375 (2d Dept.1998); Lynch v. Bay Ridge Obstetrical, 72 N.Y.2d 632, 536 N.Y.S.2d 11 (1998)). The requisite elements of proof i......
  • Glicksman v. Rosenzweig, 2009 NY Slip Op 31698(U) (N.Y. Sup. Ct. 7/13/2009), 11770/07
    • United States
    • United States State Supreme Court (New York)
    • July 13, 2009
    ...see also, Zak v. Brookhaven Memorial Hosp. Medical Center, 54 A.D.3d 852,863 N.Y.S.2d 821 (2d Dept, 2008), citing Lyons v. McCauley, 252 A.D.2d 516, 675 N.Y.S.2d 375 (2d Dept, 1998), lv den. 92 N.Y.2d 814 [1998]). `"The plaintiffs evidence may be deemed legally sufficient even if his expert......
  • Request a trial to view additional results

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