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Selmeci Successfully Defends Gregory’s and Nimaroff’s MedMal Summary Judgment in New York’s First Department

March 2, 2021

Judy Selmeci (Partner-New York, NY) successfully defended before the New York’s Appellate Division, First Judicial Department the trial court’s dismissal on summary judgment of a medical malpractice case involving allegations of negligent monitoring of anesthesia during surgery. Key to this victory was the excellent work by Robin Gregory (Partner-NYC) and Carole Nimaroff (Of Counsel-NYC) at the trial level, which included a detailed expert affidavit supporting its conclusions with several fact-based arguments. Some of these arguments went to disproving the plaintiff’s theory of the case by stating, with the requisite degree of certainty, that if the injury had been the kind that the plaintiff claimed, it would have resulted in certain radiological findings that were absent, as could be seen by the postoperative films and radiology report. The expert reasoned that given the absence of the relevant findings, the injury was of a different sort. The plaintiff and their expert failed to rebut this claim. The appellate court held that the defendants made their prima facie showing of entitlement to summary judgment while the plaintiff failed to raise any issue of fact. Therefore, the granting of summary judgment was affirmed on appeal.

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