Torres v Cergnul, 30 NY3d 1024 (2017)

2017 NY Slip Op 08623 [30 NY3d 1024]
December 12, 2017
Court of Appeals

[*1]

Jessica Torres, Respondent,
v
Irene G. Cergnul, M.D., et al., Appellants, et al., Defendants.

Decided December 12, 2017

Torres v Cergnul, 146 AD3d 509, affirmed.

{**30 NY3d at 1024} OPINION OF THE COURT

On review of submissions pursuant to section 500.11 of the Rules of the Court of Appeals (22 NYCRR 500.11), order affirmed,{**30 NY3d at 1025} with costs, and certified question answered in the affirmative. Defendants Irene G. Cergnul, M.D., and Bronx-Lebanon Hospital Center did not preserve for our review their argument concerning the admissibility of the expert affidavit submitted by plaintiff in opposition to their motion for summary judgment. Moreover, defendant Bronx-Lebanon Hospital Center has abandoned any other argument. On this record, triable questions of fact preclude summary judgment in favor of defendants.

Concur: Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Wilson and Feinman concur; Judge Garcia dissents and votes to reverse and answer the certified question in the negative, for reasons stated in the dissenting opinion by Justice Andrias at the Appellate Division (146 AD3d 509, 512-522 [2017]).