Winegrad v. NYU Med Center – Case Brief Summary (New York)

In Winegrad v. NYU Med Center, 64 NY2d 851, 853, 476 N.E.2d 642, 487 N.Y.S.2d 316 (1985), the Court held that "bare conclusory assertions" from the defendant doctors, denying that they deviated "from good and accepted medical practices," were insufficient to establish that a plaintiff's cause of action "has no merit so as to entitle defendants to summary judgment." (64 NY2d at 853.)

The Court of Appeals accordingly reversed a lower court decision granting summary judgment to the defendants. (Id.)

It did so notwithstanding the fact that the plaintiffs had submitted "only their Counsel's affidavit" in opposition to defendants' motion. (Id. at 852.)

New York Affidavit Appeal Case Brief Cause of Action Judgment Lower Court Motions Summary Judgment

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