Bacani v Rosenberg, 2014 NY Slip Op 00737 (1st Dept. 2014)
“As this Court previously found, the opinions of plaintiffs’ expert, Dr. Harrigan, failed to raise a triable issue, and plaintiffs’ submission of an attorney-drafted CPLR 3101(d) expert disclosure averring that an expert pathologist would testify concerning causation is not evidentiary proof in admissible form sufficient to defeat the subject motion for summary judgment (see e.g. Velasco v Green-Wood Cemetery, 48 AD3d 271, 272 [1st Dept 2008]).”
It is nice to see the court call out the “attorney drafted” affidavit of merit. You know it when you see it, and the courts know it also. Yet, they often allow these “documents” to be considered to defeat a summary judgment motion. While this case will not be the death knell or the watershed moment for documents that doctor’s should not be signing, this is a nice case to see.
