Deluca v Golden Gate Rehabilitation & Health Care Ctr., LLC

Holding The Supreme Court properly granted summary judgment dismissing the medical malpractice and Public Health Law § 2801-d claims because the defendant established no departure from the standard of care and the plaintiff’s expert failed to raise a triable issue of fact. The plaintiff’s opposition was deemed speculative and conclusory, failing to rebut the specific assertions of the defendant’s expert.

The court’s words

the plaintiff's expert's affidavit failed to rebut the defendant's expert's specific assertions and was otherwise speculative, conclusory, and unsupported by the record

2026 NY Slip Op 05161, at the official text

the affidavit of his expert offered conclusory and unsubstantiated allegations of violations of certain regulations

2026 NY Slip Op 05161, at the official text

the defendant did not depart from accepted standards of care with regard to the decedent

2026 NY Slip Op 05161, at the official text