Sawczyn v. Red Roof Inns, Inc., 15 A.D.3d 851 (N.Y. App. Div. 2005). · Go Syfert
Sawczyn v. Red Roof Inns, Inc., 15 A.D.3d 851 (N.Y. App. Div. 2005). Cases Citing This Book View Copy Cite
4 citation events across 1 distinct court.
Strongest positive: Humbolt v. Parmeter (nyappdiv, 2021-07-16)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Humbolt v. Parmeter
N.Y. App. Div. · 2021 · confidence medium
In support of that conclusion on proximate cause, the dissent in Stradtman cites the exact same three cases relied upon by defendants here ( Poblocki v Todoro , 49 AD3d 1239, 1240 [4th Dept 2008]; Sawczyn v Red Roof Inns, Inc. , 15 AD3d 851, 852 [4th Dept 2005], lv denied 5 NY3d 710 [2005]; Koeppel v Park , 228 AD2d 288, 290 [1st Dept 1996]).
discussed Cited as authority (rule) Stradtman v. Cavaretta
N.Y. App. Div. · 2020 · confidence medium
Specifically, the expert failed to opine how a full abdominal exploration would have prevented the clinical deterioration of plaintiff's decedent or prevented her ultimate death in this case ( see Poblocki v Todoro , 49 AD3d 1239, 1240 [4th Dept 2008]; Sawczyn v Red Roof Inns, Inc ., 15 AD3d 851, 852 [4th Dept 2005], lv denied 5 NY3d 710 [2005]; Koeppel v Park , 228 AD2d 288, 290 [1st Dept 1996]).
discussed Cited "see" Vito v. North Medical Family Physicians, P.C.
N.Y. App. Div. · 2005 · signal: see · confidence high
Indeed, such a finding would be purely speculative (see id.; Giambona v Stein, 265 AD2d 775, 776 [1999]; cf. Provost v Hassam, 256 AD2d 875, 878-879 [1998]; Minelli v Good Samaritan Hosp., 213 AD2d 705, 706-707 [1995]; see generally Sawczyn v Red Roof Inns, Inc., 15 AD3d 851 [2005]; Healy v Spector, 287 AD2d 541 [2001]).
cited Cited "see, e.g." Poblocki v. Todoro
N.Y. App. Div. · 2008 · signal: see also · confidence medium
Corp., 245 AD2d 174, 175 [1997]; Bartha v Lombardo & Assoc., 212 AD2d 494 [1995]; see also Sawczyn v Red Roof Inns, Inc., 15 AD3d 851, 852 [2005], lv denied 5 NY3d 710 [2005]).
Retrieving the full opinion text from the archive…
Michael Sawczyn
v.
Red Roof Inns, Inc.
Appellate Division of the Supreme Court of the State of New York.
Feb 4, 2005.
15 A.D.3d 851
Green.
Cited by 4 opinions  |  Published

Lead Opinion

Appeal from an order of the Supreme Court, Erie County (Joseph R. Glownia, J), entered January 30, 2004. The order denied defendant’s motion seeking summary judgment dismissing the complaint in a personal injury action.

It is hereby ordered that the order so appealed from be and the same hereby is reversed on the law without costs, the motion is granted and the complaint is dismissed.

[*852] Memorandum: Plaintiffs commenced this action to recover damages for personal injuries sustained by Michael Sawczyn (plaintiff) and alleged that defendant’s employees were negligent in failing to summon medical assistance for plaintiff after he suffered a stroke. Supreme Court erred in denying defendant’s motion for summary judgment dismissing the complaint. Defendant established its entitlement to judgment as a matter of law and plaintiffs failed to raise an issue of fact (see generally Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). Defendant’s medical expert averred that the effects of the stroke would not have been less severe had plaintiff received medical attention on the morning of September 3, 1997, instead of on September 4, 1997. Plaintiffs’ medical expert failed to raise a question of fact whether plaintiff would have been a candidate for tissue plasminogen activator therapy on September 3. It is undisputed that such therapy must be given within three hours of a stroke; here, however, it was unknown whether the stroke occurred within the three hours before defendant’s employees were first contacted concerning plaintiff. Thus, we conclude that the affidavit of plaintiffs’ expert was speculative and failed to establish a causal nexus between plaintiffs injuries and the alleged negligence (see Gage v Dutkewych, 3 AD3d 629, 631 [2004]; see also Kaplan v Hamilton Med. Assoc., 262 AD2d 609, 610 [1999]).

Plaintiffs’ medical expert also opined that the effects of the stroke were “worsened” by the delay in that plaintiff was hypertensive and dehydrated, sustained increased brain swelling, and was not promptly treated with an anticoagulant. Those averments do not raise a triable issue of fact because they are speculative and conclusory. Plaintiffs’ expert failed to describe or quantify the alleged impact that the delay had on the effects of plaintiffs stroke or how such an impact might have been avoided, and thus failed to establish any causal nexus between the delay and plaintiffs post-stroke condition (see Gage, 3 AD3d at 631; Koeppel v Park, 228 AD2d 288, 290 [1996]). We therefore reverse the order and grant the motion for summary judgment dismissing the complaint.

All concur except Green, J.P, who dissents and votes to affirm in the following Memorandum.

Dissent

Green, J.P (dissenting).

I respectfully dissent. “It is axiomatic that summary judgment is a drastic remedy which should not be granted where there is any doubt as to the existence of a triable issue of fact ... or where such issue is even arguable” (Tronlone v Lac d’Amiante Du Quebec, 297 AD2d 528, 528-529 [2002], affd 99 NY2d 647 [2003]). The parties’ experts provided[*853] sharply conflicting opinions whether defendant’s delay in summoning medical care contributed to the injuries sustained by Michael Sawczyn (plaintiff). “ "[C]onflicting expert opinions may not be resolved on a motion for summary judgment’ ” (Pittman v Rickard, 295 AD2d 1003, 1004 [2002]), and the issue whether defendant’s alleged negligence proximately caused plaintiffs injuries is properly left for the trier of fact (see generally Brown v State of New York, 192 AD2d 936, 937-938 [1993], lv denied 82 NY2d 654 [1993]). Present — Green, J.R, Hurlbutt, Scudder, Lawton and Hayes, JJ.