Winegrad v. New York University Medical Center, 64 N.Y.2d 851 (1985)
A party moving for summary judgment must demonstrate entitlement to judgment as a matter of law by presenting sufficient evidence to eliminate any material issues of fact; bare, conclusory assertions are insufficient to meet this burden, particularly when the moving party possesses superior knowledge of the facts.
Summary
In a medical malpractice action, the plaintiffs alleged negligence by the defendants during and after a blepharoplasty. The defendants sought summary judgment, submitting affidavits with conclusory statements denying negligence. The Court of Appeals held that the defendants failed to establish a prima facie case for summary judgment because their affidavits lacked specific factual support and merely contained conclusory denials of negligence. The court emphasized that the moving party must present sufficient evidence to eliminate material issues of fact, and the defendants’ affidavits failed to do so.
Facts
Mrs. Winegrad underwent a blepharoplasty performed by Dr. Jacobs. During the procedure, she experienced shock and cardiac arrhythmia. Subsequently, Drs. Ross and Pasternack treated her, administering drugs allegedly incompatible with her condition. The plaintiffs claimed Dr. Jacobs also misrepresented that the surgery was complete when it was not. The plaintiffs’ verified complaint and bill of particulars detailed these allegations.
Procedural History
Plaintiffs moved to strike the defendants’ answers for failure to appear for depositions. The defendants cross-moved for summary judgment, submitting affidavits stating they reviewed medical records and did not deviate from accepted medical practices. Special Term granted the plaintiffs’ motion and denied the cross-motion. The Appellate Division reversed, dismissing the complaint. The Court of Appeals then reversed the Appellate Division’s order.
Issue(s)
Whether the defendants, as the moving parties, presented sufficient evidence to demonstrate the absence of material issues of fact and establish entitlement to summary judgment in a medical malpractice case, based solely on affidavits containing conclusory denials of negligence.
Holding
No, because the defendants’ affidavits contained only bare, conclusory assertions that they did not deviate from good and accepted medical practices, lacking specific factual support demonstrating the absence of material issues of fact.
Court’s Reasoning
The Court of Appeals emphasized that a summary judgment movant must make a prima facie showing of entitlement to judgment as a matter of law. Citing Zuckerman v. City of New York, the court reiterated that the moving party must tender sufficient evidence to eliminate any material issues of fact. The court found the defendants’ affidavits insufficient because they merely asserted a lack of deviation from accepted medical practices without providing any factual basis to support this claim. The court noted that the plaintiffs, in their verified pleadings, described specific injuries allegedly caused by the defendants’ negligence, and Dr. Jacobs acknowledged that the surgery was not completed due to the plaintiff’s cardiac arrhythmia. Given these circumstances, the court reasoned that the defendants’ conclusory statements failed to demonstrate that the plaintiffs’ cause of action lacked merit. The court stated, “On this record, the bare conclusory assertions echoed by all three defendants that they did not deviate from good and accepted medical practices, with no factual relationship to the alleged injury, do not establish that the cause of action has no merit so as to entitle defendants to summary judgment.” The court distinguished the case from instances where more detailed factual showings were presented. The court reversed the Appellate Division order, reinstating the denial of the defendants’ cross-motion for summary judgment and remitting the case for consideration of unresolved issues.