Levy v Jurak

Holding The Appellate Division affirmed the lower court’s grant of summary judgment dismissing the medical malpractice claim against the defendants. The court found that the defendants met their prima facie burden by showing no departure from the standard of care, while the plaintiffs failed to raise a triable issue of fact because their expert’s opinion was speculative and conclusory.

The court’s words

the plaintiffs' expert affirmation contained only speculative and conclusory assertions that the defendants' treatment of the injured plaintiff departed from the accepted standard of care

2026 NY Slip Op 06426, at the official text

the defendants did not depart from the accepted standard of care in treating the injured plaintiff and that the treatment rendered by the defendants was not a proximate cause of the injured plaintiff's injuries

2026 NY Slip Op 06426, at the official text