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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
CourtAppellate Division, First Department
DecidedOctober 27, 2026
Citation2026 NY Slip Op 06267
Area of lawMedical Malpractice
WeekWeek ending October 31, 2026
Official textOfficial decision: 2026 NY Slip Op 06267
Publication statusSlip opinions are uncorrected and subject to revision before publication in the Official Reports.
Source feedNew York slip opinion page
Law Watch record id1541

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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Published October 27, 2026. Updated October 27, 2026.