Tierney v. Girardi, 86 A.D.3d 447 (N.Y. App. Div. 2011). · Go Syfert
Tierney v. Girardi, 86 A.D.3d 447 (N.Y. App. Div. 2011). Cases Citing This Book View Copy Cite
8 citation events (8 in the last 25 years) across 2 distinct courts.
Strongest positive: O'Toole v. Goodman (nyappdiv, 2019-03-28)
Top citers, strongest first. 6 distinct citers. How cited ↗
discussed Cited as authority (rule) O'Toole v. Goodman
N.Y. App. Div. · 2019 · signal: cf. · confidence medium
Rather, in this emergent setting, defendant properly relied on the ICU staff and other specialists to treat and manage the patient's non-surgical issues ( see Perez v Edwards , 107 AD3d 565 , 566 [1st Dept 2013], lv denied 22 NY3d 862 [2014] [holding that the defendant doctor "was entitled to rely on the treatment rendered to decedent in the hospital by specialists better equipped to handle decedent's condition"]; cf. Tierney v Girardi , 86 AD3d 447, 448 [1st Dept 2011] [finding that the defendant doctor "continued to owe a duty of care because he established a doctor-patient relationship with…
discussed Cited as authority (rule) Cohen v. CASSM Realty Corp.
N.Y. Sup. Ct. · 2016 · confidence medium
Corp., 97 AD3d at 57-58.) Although the court provided both plaintiff and defendants the opportunity to supplement the record with authenticated and admissible evidence (Colon v Torres, 106 AD3d 458, 458 [1st Dept 2013]; Ostrov v Rozbruch, 91 AD3d 147, 153-154 [1st Dept 2012]; Tierney v Girardi, 86 AD3d 447, 448 [1st Dept 2011]; Ashton v D.O.C.S.
discussed Cited as authority (rule) GUZEK, GREGORY G. v. B&L WHOLESALE SUPPLY, INC.
N.Y. App. Div. · 2015 · confidence medium
Plaintiffs sought such permission prior to the argument of the motion (cf. Mullin v Waste Mgt. of N.Y., LLC, 106 AD3d 1484 , 1485 [2013]), and defendants had an opportunity to reply to plaintiffs’ additional submissions (see Tierney v Girardi, 86 AD3d 447, 448 [2011]; Ashton v D.O.C.S.
discussed Cited as authority (rule) Colon v. Torres
N.Y. App. Div. · 2013 · confidence medium
Moreover, the affirmations had been provided to plaintiffs, who were not prejudiced by their delayed submission to the court (see Tierney v Girardi, 86 AD3d 447, 448 [1st Dept 2011] ; compare Ostrov v Rozbruch, 91 AD3d 147 [1st Dept 2012] ).
discussed Cited as authority (rule) Colon v. Torres
N.Y. App. Div. · 2013 · confidence medium
Moreover, the affirmations had been provided to plaintiffs, who were not prejudiced by their delayed submission to the court (see Tierney v Girardi, 86 AD3d 447, 448 [1st Dept 2011] ; compare Ostrov v Rozbruch, 91 AD3d 147 [1st Dept 2012] ).
discussed Cited as authority (rule) Cintron v. Montefiore Medical Center
N.Y. App. Div. · 2012 · confidence medium
The experts opined that the low doses of medications did not contribute to the development of plaintiffs kidney disease, and they were timely discontinued to rule them out as potential causes of the disease (see Tierney v Girardi, 86 AD3d 447, 448 [2011]).
Retrieving the full opinion text from the archive…
Ann Marie Tierney, as of Angelina Trotta
v.
Leonard Girardi, M.D., and David B. Messinger, M.D.
Appellate Division of the Supreme Court of the State of New York.
Jul 14, 2011.
86 A.D.3d 447
Cited by 7 opinions  |  Published

In this medical malpractice action, plaintiff, as executrix of the estate of Angelina Trotta, alleges that defendants deviated from the standard of care by failing to administer an anticoagulant to the decedent upon her development of atrial fibrillation,[*448] following heart surgery (cardiac catheterization), causing her to suffer a stroke, which led to her disability, and death at the age of 81. Preliminarily, we reject defendant Dr. Messinger’s argument that he was not obligated to care for decedent once he finished performing the cardiocatheterization on her. Dr. Messinger continued to owe a duty of care because he established a doctor-patient relationship with decedent, consulted with her, her family, and the cardiologist concerning her treatment following the cardiocatheterization, and continued to monitor her condition (see Cregan v Sachs, 65 AD3d 101, 110 [2009]). We find, however, that defendants demonstrated, through the affidavits of their experts, their entitlement to judgment as a matter of law dismissing the complaint on the ground' that the treatment provided to decedent by defendant doctors comported with good and accepted medical practice. For instance, defendants’ experts opined that it was appropriate to treat the atrial fibrillation with certain medications because anticoagulation would have presented an inordinate risk of bleeding, given, among other things, the decedent’s prior medical condition.

The burden shifted to plaintiff to demonstrate the existence of a triable issue of fact. The IAS court properly excused plaintiffs procedural oversights, including the untimely filing of her expert’s affirmation, where there was no showing that plaintiff acted in bad faith or that the late filing prejudiced defendants, and where the court permitted defendants to respond to the supplementary affidavit (see CPLR 2001, 2004, 3101 [d] [1] [i]; St. Hilaire v White, 305 AD2d 209, 210 [2003]). Plaintiffs submissions raised a triable issue of fact as to whether defendants departed from the proper standard of care. Accordingly, defendants’ motion for summary judgment was properly denied. Concur — Gonzalez, P.J., Sweeny, Moskowitz, Renwick and Richter, JJ. [Prior Case History: 2010 NY Slip Op 31292(U).]