Okay, I am back to my posts regarding what should be necessary to defeat a medical necessity summary judgment motion. This is from a lead paint case.
Smith v New York City Hous. Auth., 2010 NY Slip Op 05484 (1st Dept. 2010)
“Plaintiffs’ submission of the affidavit of an expert in the field of environmental geochemistry, was insufficient to raise a triable issue of fact as to causation. The expert’s opinion that airborne lead dust caused the infant’s high blood lead level 14 months after the first period of residency was speculative and “devoid of analysis or reference to scientific data” (Abalola v Flower Hosp., 44 AD3d 522, 522 [2007]).
