Appellate Division, Fourth Department · October 2, 2026 · 2026 NY Slip Op 05653
Smith v State of New York
Read the official decision: 2026 NY Slip Op 05653
Holding The Court of Claims’ judgment was reversed and the claim dismissed because the claimant failed to present expert medical evidence. The court determined that the alleged medical negligence was by definition a medical malpractice claim rather than simple negligence, requiring expert opinion.
The court’s words
the court should have dismissed the claim based upon claimant's failure to present any expert medical evidence
2026 NY Slip Op 05653, at the official text
the cause of action they give rise to is by definition one for medical malpractice rather than for simple negligence
2026 NY Slip Op 05653, at the official text
an allegation that the lack of medical treatment resulted in injury is an allegation concerning the medical consequences of the lack of treatment
2026 NY Slip Op 05653, at the official text
| Court | Appellate Division, Fourth Department |
|---|---|
| Decided | October 2, 2026 |
| Citation | 2026 NY Slip Op 05653 |
| Area of law | Medical Malpractice |
| Week | Week ending October 3, 2026 |
| Official text | Official decision: 2026 NY Slip Op 05653 |
| 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 | 852 |
Recommended citation
ESQ HQ, New York Law Watch, Smith v State of New York, 2026 NY Slip Op 05653 (Appellate Division, Fourth Department, October 2, 2026), https://esqhq.com/decisions/2026-ny-slip-op-05653/
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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