Hoffman v. Pelletier, 6 A.D.3d 889 (N.Y. App. Div. 2004). · Go Syfert
Hoffman v. Pelletier, 6 A.D.3d 889 (N.Y. App. Div. 2004). Cases Citing This Book View Copy Cite
22 citation events (22 in the last 25 years) across 1 distinct court.
Strongest positive: Schultz v. Albany Med. Ctr. Hosp. (nyappdiv, 2025-05-08)
Treatment trajectory · 2005 → 2026 · click a year to view as-of
2005 2015 2026
Top citers, strongest first. 21 distinct citers. How cited ↗
discussed Cited as authority (rule) Schultz v. Albany Med. Ctr. Hosp.
N.Y. App. Div. · 2025 · confidence medium
As such, the expert's affidavit failed to raise a triable issue of fact and, accordingly, Supreme Court properly granted defendant's motion for summary judgment dismissing the complaint ( see Snyder v Simon , 49 AD3d 954, 956 [3d Dept 2008]; Hoffman v Pelletier , 6 AD3d 889, 890-891 [3d Dept 2004]; Rossi v Arnot Ogden Med.
discussed Cited as authority (rule) Guthier v. DiPreta
N.Y. App. Div. · 2025 · confidence medium
Based upon these failings, Snyder's affidavit was insufficient in raising a triable issue of fact on the issue of causation ( see Avgi v Policha , 232 AD3d 838 , 840 [2d Dept 2024]; Longtemps v Oliva , 110 AD3d at 1319; Hoffman v Pelletier , 6 AD3d 889, 891 [3d Dept 2004]; cf. Ballek v Aldana-Bernier , 100 AD3d 811, 814 [2d Dept 2012]; compare Sovocool v Cortland Regional Med.
discussed Cited as authority (rule) Young v. Sethi
N.Y. App. Div. · 2020 · confidence medium
Macagnone's license as a chiropractor did not authorize him to perform surgery ( see Education Law § 6551 [3]), and nothing in plaintiff's submissions established that he had the necessary training, education or experience to render a reliable opinion on the standards of care for the underlying surgery or whether defendants deviated therefrom ( see Machac v Anderson , 261 AD2d 811, 813 [1999]; see also Samer v Desai , 179 AD3d 860, 862-863 [2020]; Hoffman v Pelletier , 6 AD3d 889, 890-891 [2004]; Crozier v Lesniewski , 195 AD2d 657, 658 [1993]).
discussed Cited as authority (rule) Matter of Adams v. Annucci
N.Y. App. Div. · 2019 · confidence medium
Finally, any challenges raised by petitioner with regard to Supreme Court's ruling denying his motion to reargue or renew are not properly before this Court because petitioner did not file a notice of appeal from that judgment ( see Weinstein v Gindi , 92 AD3d 526, 528 [2012]; Hoffman v Pelletier , 6 AD3d 889, 889 [2004]).
cited Cited as authority (rule) Marra v. Hughes
N.Y. App. Div. · 2014 · confidence medium
As such, Supreme Court properly granted defendant’s motion and dismissed the complaint against it for lack of proximate cause (see Hoffman v Pelletier, 6 AD3d 889, 890-891 [2004]).
cited Cited as authority (rule) Marra v. Hughes
N.Y. App. Div. · 2014 · confidence medium
As such, Supreme Court properly granted defendant’s motion and dismissed the complaint against it for lack of proximate cause (see Hoffman v Pelletier, 6 AD3d 889, 890-891 [2004]).
discussed Cited as authority (rule) HowardvStanger
N.Y. App. Div. · 2014 · confidence medium
Under these circumstances, plaintiff's 1 The suspension was the product of a consent agreement and order, wherein Stanger agreed – in full satisfaction of the charges against him – not to contest the allegations that he committed professional misconduct by practicing medicine with negligence on more than one occasion with respect to his care and treatment of patients A and B in February 2008 and September 2008, respectively. 2 The hospital expressly incorporated by reference Stanger's affidavit in support of its summary judgment motion. -4- 518207 518208 motion to renew was properly denied…
discussed Cited as authority (rule) Howard v. Stanger
N.Y. App. Div. · 2014 · confidence medium
Under these circumstances, plaintiffs motion to renew was properly denied (see Vieyra v Penn Toyota, Ltd., 116 AD3d 840, 841-842 [2014]; Webber v Scarano-Osika, 94 AD3d 1304, 1305-1306 [2012]; Hoffman v Pelletier, 6 AD3d 889, 890 [2004]).
discussed Cited as authority (rule) Howard v. Stanger
N.Y. App. Div. · 2014 · confidence medium
Under these circumstances, plaintiffs motion to renew was properly denied (see Vieyra v Penn Toyota, Ltd., 116 AD3d 840, 841-842 [2014]; Webber v Scarano-Osika, 94 AD3d 1304, 1305-1306 [2012]; Hoffman v Pelletier, 6 AD3d 889, 890 [2004]).
discussed Cited as authority (rule) Longtemps v. Oliva
N.Y. App. Div. · 2013 · confidence medium
As such, his affirmation was insufficient to raise a question of fact as to causation (see Shashi v South Nassau Communities Hosp., 104 AD3d 838 , 839 [2013]; Goldsmith v Taverni, 90 AD3d 704, 705 [2011]; Hoffman v Pelletier, 6 AD3d 889, 891 [2004]), and Supreme Court appropriately granted Sarnow’s motion for summary judgment.
discussed Cited as authority (rule) Longtemps v. Oliva
N.Y. App. Div. · 2013 · confidence medium
As such, his affirmation was insufficient to raise a question of fact as to causation (see Shashi v South Nassau Communities Hosp., 104 AD3d 838 , 839 [2013]; Goldsmith v Taverni, 90 AD3d 704, 705 [2011]; Hoffman v Pelletier, 6 AD3d 889, 891 [2004]), and Supreme Court appropriately granted Sarnow’s motion for summary judgment.
discussed Cited as authority (rule) Lake v. Kaleida Health
N.Y. App. Div. · 2009 · confidence medium
We further conclude that the record does not support plaintiffs’ allegation that the alleged injuries to plaintiff could not occur in the absence of negligence and thus, contrary to plaintiffs’ contention, the doctrine of res ipsa loquitur does not apply to defeat defendants’ motion (see Hoffman v Pelletier, 6 AD3d 889, 891 [2004]; Sapienza v County of Erie, 270 AD2d 907, 907-908 [2000]).
discussed Cited as authority (rule) Snyder v. Simon
N.Y. App. Div. · 2008 · confidence medium
The affidavits are generalized, conclusory and insufficient to establish the elements of a medical malpractice claim or raise a question of fact on her claim that Simon deviated from accepted medical practice in treating her, thereby injuring her (see Passero v Puleo, 17 AD3d at 954-955 ; Hoffman v Pelletier, 6 AD3d 889, 891 [2004]; Grzelecki v Sipperly, 2 AD3d 939, 941 [2003]; but see Lowery v Hise, 202 AD2d 948, 949 [1994]).
discussed Cited as authority (rule) Bumbaca v. Bonanno
N.Y. App. Div. · 2007 · confidence medium
Habermann, which established that the defendants did not deviate from accepted medical practice during their removal of the intramedullary rod from the plaintiffs leg, and in their subsequent follow-up treatment (see Williams v Sahay, 12 AD3d 366, 368 [2004]; Hoffman v Pelletier, 6 AD3d 889, 890 [2004]).
discussed Cited as authority (rule) King v. Town Council
N.Y. App. Div. · 2006 · confidence medium
To the extent that the motion can be construed as seeking reargument, no appeal lies from the denial of a motion to reargue (see Nichols v Turner, 6 AD3d 1009, 1010 [2004]; Hoffman v Pelletier, 6 AD3d 889, 890 [2004]).
cited Cited as authority (rule) Glasgow v. Chou
N.Y. App. Div. · 2006 · confidence medium
In any event, the nurse’s two affidavits were insufficient, as she did not claim any expertise in dealing with how bacteria is spread (see Hoffman v Pelletier, 6 AD3d 889, 890-891 [2004]).
discussed Cited as authority (rule) Rondeau v. Georgia Pacific Corp.
N.Y. App. Div. · 2006 · confidence medium
Additionally, in an affidavit submitted in reply to plaintiffs papers opposing the summary judgment motion, the fork lift operator stated, “I did not see any loose plywood up above the stacks of plywood units and I did not leave any in that position.” Defendant thus met its burden of establishing entitlement to summary judgment, shifting the burden to plaintiff to submit competent evidence that defendant deviated from reasonable practice, as well as a causal nexus between such deviation and his injuries (see Hoffman v Pelletier, 6 AD3d 889, 890 [2004]).
discussed Cited as authority (rule) de la Concha v. Fordham University
N.Y. App. Div. · 2006 · confidence medium
Claimant asserts his entitlement to reinstatement under the plain language of Workers’ Compensation Law § 120. 1 However, claimant’s notice of appeal expressly limits the scope of this appeal, stating that he appeals only “from the part of the [Board decision] . . . which determined, ‘that in [Workers’ Compensation Law] § 120 cases, a claimant has a duty to mitigate his damages by looking for other work upon termination of his employment.’ ” Accordingly, the issue of reinstatement is not before us in the context of this appeal (see Brodeur v Hayes, 18 AD3d 979, 981 [2005], lv d…
discussed Cited as authority (rule) Roberts v. El-Hajal
N.Y. App. Div. · 2005 · confidence medium
Nor did plaintiff provide any evidence that Markwick’s alleged conduct departed from the applicable standard of care and was causally related to the injuries sustained by plaintiff’s son (see Hoffman v Pelletier, 6 AD3d 889, 892 [2004]; Chase v Cayuga Med.
discussed Cited "see" DeLorenzo v. St. Clare's Hospital
N.Y. App. Div. · 2010 · signal: see · confidence high
Defendant’s submissions were sufficient to show that it was not negligent in the manner in which it treated plaintiff, shifting the burden to plaintiff to show “ ‘through competent expert medical opinion evidence, both a deviation from the accepted standard of care and that the departure was a proximate cause of [plaintiff’s injuries]’ ” (Daugharty v Marshall, 60 AD3d 1219, 1221 [2009], quoting Bell v Ellis Hosp., 50 AD3d 1240, 1241 [2008]; see Hoffman v Pelletier, 6 AD3d 889, 890 [2004]; Gage v Dutkewych, 3 AD3d 629, 630 [2004]).
discussed Cited "see, e.g." Bell v. Ellis Hospital
N.Y. App. Div. · 2008 · signal: compare · confidence medium
The specialized skills of plaintiffs expert as demonstrated through his board certifications, taken together with the nature of the medical subject matter of this action, are sufficient to support the inference that his opinion regarding decedent’s treatment was reliable (see Romano v Stanley, 90 NY2d 444, 452 [1997]; Flower v Noonan, 271 AD2d 825, 826 [2000]; compare Hoffman v Pelletier, 6 AD3d 889, 890-891 [2004]), and any alleged lack of skill or experience goes to the weight to be given to the opinion, not its admissibility (see Hranek v United Methodist Homes of Wyo.
Retrieving the full opinion text from the archive…
Elizabeth F. Hoffman
v.
Valmore A. Pelletier
Appellate Division of the Supreme Court of the State of New York.
Apr 15, 2004.
6 A.D.3d 889
2004 N.Y. App. Div. LEXIS 4492
Rose.
Cited by 28 opinions  |  Published
Rose, J.

Appeal from an order of the Supreme Court (Williams, J.), entered December 23, 2002 in Saratoga County, which granted defendants’ motions for summary judgment dismissing the complaint.

Plaintiff commenced this medical malpractice action to recover damages for defendants’ alleged failure to prevent and promptly diagnose the staph infection that she developed during the three weeks following a cervical laminectomy performed by defendant Valmore A. Pelletier at defendant Samaritan Hospital. Finding no triable issue of fact, Supreme Court granted defendants’ motions for summary judgment dismissing the complaint on the ground that they did not deviate from accepted standards of care in performing the surgery or rendering postoperative care. When plaintiff then moved for reargument and renewal based on an affidavit of James Cole, a physiatrist, Supreme Court denied her motion. Plaintiff now appeals.

We are precluded from considering Supreme Court’s ruling denying plaintiffs motion to reargue or renew because she did not include that order in her notice of appeal. Were it properly[*890] before us, however, we would affirm. To the extent that her motion sought reargument, no appeal lies (see Heritage v Mance, 265 AD2d 657, 659 [1999]). To the extent that it sought renewal, it was properly denied because she failed to show that Cole’s affidavit constituted newly discovered evidence. Nor did she offer a justifiable excuse for not providing that affidavit in opposition to defendants’ earlier motions (see Grassel v Albany Med. Ctr. Hosp., 223 AD2d 803, 804 [1996], lv dismissed and denied 88 NY2d 842 [1996]).

As for Supreme Court’s order dismissing her complaint, which is properly before us, plaintiff argues that defendants failed to meet their prima facie burden of establishing their entitlement to summary judgment. She argues in the alternative that, if they did so, the affidavits of a licensed practical nurse and a dentist/psychologist submitted in opposition to defendants’ motions are sufficient to raise issues of fact. We cannot agree. Defendants’ expert medical opinions made a prima facie showing that, contrary to plaintiffs claim, a nonsterile instrument was not used during her surgery and, thus, it could not have been the cause of plaintiffs postoperative infection. Defendants’ supporting papers also established that plaintiff did not have symptoms of a surgical-site infection two weeks following surgery, the source of her staph infection was never identified and her postoperative care did not deviate from accepted standards (see Torns v Samaritan Hosp., 305 AD2d 965, 966 [2003]; Horth v Mansur, 243 AD2d 1041, 1043 [1997]; Fridovich v David, 188 AD2d 984, 985 [1992]). Accordingly, to defeat defendants’ motions, plaintiff was obligated to submit competent, rebuttal medical evidence establishing that defendants deviated from the applicable standard of care, as well as a causal nexus between their conduct and her injuries (see Schuller v Martinelli, 304 AD2d 967, 968 [2003], lv denied 100 NY2d 509 [2003]; Rossi v Arnot Ogden Med. Ctr., 268 AD2d 916, 917 [2000], lv denied 95 NY2d 751 [2000]).

Here, as Supreme Court observed, the affidavits of plaintiffs two experts establish neither their competency to render an opinion as to the applicable standards of care nor a deviation from those standards by any defendant. Although the affidavit of the licensed practical nurse indicates some postoperative care experience and familiarity with infection control protocols, she claimed no expertise in either surgical procedures or diagnosis of infections, and offered no opinion as to the specific standards of care applicable to defendants in plaintiffs case. While her affidavit faults the poor nursing documentation she found in plaintiffs medical records, she fails to establish a causal connec[*891] tion between the faulty documentation and plaintiffs infection or attribute any negligence to defendants in the subsequent diagnosis of that infection (see Giambona v Stein, 265 AD2d 775, 776 [1999]; LoPiano v Mindich, 237 AD2d 415, 416 [1997]). Similarly, the affidavit of the dentist/psychologist also claims no expertise regarding surgical procedures or diagnosis of infections and cites only to medical journals for the accepted standards in preventing and diagnosing infections. While she opines that Pelletier should have administered an antibiotic before surgery and defendants should have ordered certain blood tests to more promptly detect plaintiffs infection, it is clear that neither she nor the licensed practical nurse has the requisite personal knowledge and experience to opine about the quality of defendants’ surgical and postoperative care (see Jordan v Glens Falls Hosp., 261 AD2d 666, 667 [1999]; LaMarque v North Shore Univ. Hosp., 227 AD2d 594, 594-595 [1996]).

Even if we were to also consider Cole’s terse affidavit, which was not before Supreme Court until plaintiff moved for renewal, we would still find no triable issue of fact because Cole makes no reference to the applicable standard of care or any deviation by defendants. Instead, Cole offers only his opinion that plaintiffs surgery and/or postoperative care proximately caused her infection. Because Cole’s conclusory statements lack evidentiary support, they have no probative force as to a causal connection between the alleged malpractice and plaintiffs injuries (see Diaz v New York Downtown Hosp., 99 NY2d 542, 544 [2002]; Alvarez v Prospect Hosp., 68 NY2d 320, 325 [1986]; Chase v Cayuga Med. Ctr. at Ithaca, 2 AD3d 990, 990-991 [2003]; Rossi v Arnot Ogden Med. Ctr., supra at 918).

Plaintiff also seeks to rely on the doctrine of res ipsa loquitur to attribute her infection to some aspect of her surgery or hospitalization without having to show exactly when or by what means it was contracted. Since plaintiff offered only Cole’s conclusory opinion that the staph infection was caused by her surgery or hospitalization, however, she failed to satisfactorily establish that her injury was caused by an instrumentality within the exclusive control of defendants (see Storniolo v Bauer, 176 AD2d 550, 551 [1991], lv denied 79 NY2d 752 [1992]; Myers v Hospital Assn, of City of Schenectady, 45 AD2d 780, 780 [1974]). Inasmuch as she offered no proof that such infections do not occur in the absence of negligence, res ipsa loquitur is inapplicable (see Storniolo v Bauer, supra at 551; Pipers v Rosenow, 39 AD2d 240, 244-245 [1972]).

Finally, as plaintiff is not qualified as a medical expert, her own medical analysis, provided in her affidavit and pro se briefs,[*892] cannot be considered (see Chase v Cayuga Med. Ctr. at Ithaca, supra at 991). Based on the lack of admissible expert proof that defendants deviated from accepted practices or that any such negligence proximately caused plaintiff’s infection or complications, summary judgment was appropriate.

Mercure, J.E, Peters, Lahtinen and Kane, JJ., concur. Ordered that the order is affirmed, with one bill of costs.