Appellate Division, Second Department · September 30, 2026 · 2026 NY Slip Op 05520
Harrison v Gabbaizadeh
Read the official decision: 2026 NY Slip Op 05520
Holding The court affirmed the summary judgment dismissing the medical malpractice claims because the defendants established they did not depart from the accepted standard of care. The plaintiffs’ expert affirmation was deemed conclusory and speculative, failing to raise a triable issue of fact.
The court’s words
a defendant must establish, prima facie, that there was no departure or deviation from the accepted standard of care
2026 NY Slip Op 05520, at the official text
the burden shifts to the plaintiff to demonstrate the existence of a triable issue of fact
2026 NY Slip Op 05520, at the official text
the affirmation of the plaintiffs' expert was conclusory and speculative and, therefore, insufficient to raise a triable issue of fact
2026 NY Slip Op 05520, at the official text
| Court | Appellate Division, Second Department |
|---|---|
| Decided | September 30, 2026 |
| Citation | 2026 NY Slip Op 05520 |
| Area of law | Medical Malpractice |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05520 |
| Publication status | Slip opinions are uncorrected and subject to revision before publication in the Official Reports. |
| Source feed | New York slip opinion page |
| Law Watch record id | 695 |
Recommended citation
ESQ HQ, New York Law Watch, Harrison v Gabbaizadeh, 2026 NY Slip Op 05520 (Appellate Division, Second Department, September 30, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05520/
How this record was made
Holding drafted by Law Watch’s in-house model, graded by three reviewers; every quotation verified word for word against the official text.
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