A Manhattan appeals court has split sharply on whether a patient’s expert in a medical malpractice suit sufficiently rebutted testimony of a defense expert at the summary judgment stage.
A 3-2 majority of the Appellate Division, First Department, found an affidavit from plaintiff Jessica Torres’ expert adequately rebutted the contentions of an expert for her doctor and hospital, such that “triable issues of fact” were raised.
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