O’Connor v Long Is. Jewish Med. Ctr.

Holding The Appellate Division affirmed the lower court’s denial of the plaintiff’s motion to vacate a summary judgment order, finding that the plaintiff failed to demonstrate a potentially meritorious opposition. The court determined that the plaintiff did not submit a non-conclusory expert opinion that specifically addressed the defense expert’s assertions regarding the standard of care for fall prevention.

The court’s words

A party seeking to vacate an order entered upon his or her default in opposing a motion for summary judgment must demonstrate both a reasonable excuse for the default and a potentially meritorious opposition to the motion for summary judgment

2026 NY Slip Op 05190, at the official text

Summary judgment is not appropriate in a medical malpractice action where the parties adduce conflicting medical expert opinions

2026 NY Slip Op 05190, at the official text

In order not to be considered speculative or conclusory, expert opinions in opposition should address specific assertions made by the movant's experts, setting forth an explanation of the reasoning and relying on specifically cited evidence in the record

2026 NY Slip Op 05190, at the official text

the plaintiff failed to submit an expert opinion that specifically addressed the defense expert's assertions and that was not conclusory or speculative

2026 NY Slip Op 05190, at the official text