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Trinidad v. Lantigua – Case Brief Summary (New York)

In Trinidad v. Lantigua, 2 AD3d 163, 767 N.Y.S.2d 618 (1st Dep't 2003), the higher court categorized the circumstances as "peculiar" because an affidavit of plaintiff's expert along with a Death Certificate, both sufficient to create issues of fact in this medical malpractice case, had inexplicably not been submitted to the court when the defendants' motion was originally heard.

But the lower court did, under these circumstances, agree to accept the affidavit and Certificate, which changed the court's original ruling, and the Appellate Division affirmed.