Partner, Christina Papadopoulos, and Associate, Bryanna Corbett, secured a summary judgment victory on behalf of our client, an orthopedic surgeon, in the Supreme Court, Nassau County. This matter involved allegations that our orthopedic surgeon improperly performed a right total knee replacement resulting in an avulsion fracture requiring surgical repair. The Court held that the defendant properly established that plaintiff’s expert affirmation was procedurally defective, as an out of state physician cannot submit an affirmation in support as an affidavit is needed, and said affirmation was substantively insufficient as conclusory.
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