Appellate Division, First Department · October 27, 2026 · 2026 NY Slip Op 06267
Shiwprasad v New York City Health & Hosps. Corp.
Read the official decision: 2026 NY Slip Op 06267
Holding The court affirmed the denial of summary judgment, finding that the plaintiff’s expert testimony created triable issues of fact regarding the standard of care and causation. The court held that the absence of a certificate of compliance for the expert’s affirmation was not a fatal defect.
The court’s words
the absence of a certificate of compliance is not a fatal defect
2026 NY Slip Op 06267, at the official text
defendant deviated from accepted practice in treating the decedent on March 14, 2010
2026 NY Slip Op 06267, at the official text
the absence of a fever did not eliminate the possibility of serious infection
2026 NY Slip Op 06267, at the official text
| Court | Appellate Division, First Department |
|---|---|
| Decided | October 27, 2026 |
| Citation | 2026 NY Slip Op 06267 |
| Area of law | Medical Malpractice |
| Week | Week ending October 31, 2026 |
| Official text | Official decision: 2026 NY Slip Op 06267 |
| 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 | 1541 |
Recommended citation
ESQ HQ, New York Law Watch, Shiwprasad v New York City Health & Hosps. Corp., 2026 NY Slip Op 06267 (Appellate Division, First Department, October 27, 2026), https://esqhq.com/decisions/2026-ny-slip-op-06267/
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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