Duffen v. State, 245 A.D.2d 653 (N.Y. App. Div. 1997). · Go Syfert
Duffen v. State, 245 A.D.2d 653 (N.Y. App. Div. 1997). Cases Citing This Book View Copy Cite
82 citation events (71 in the last 25 years) across 9 distinct courts.
Strongest positive: J.L. v. Y.A.E.C. (nysupctwster, 2026-03-09)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 19 distinct citers. How cited ↗
discussed Cited as authority (rule) J.L. v. Y.A.E.C.
N.Y. Sup. Ct., Westchester Cty. · 2026 · confidence medium
Parties appearing pro se are required to comply with the same rules, are afforded no greater rights than other litigants, and are expected to present legally competent evidence ( see Matter of Martinez v Gaddy , 223 AD3d 816 , 819 [2d Dept 2024]; Benedetto v Tannenbaum , 186 AD3d 1596, 1598 [2d Dept 2020]; Duffen v State , 245 AD2d 653, 653 [3d Dept 1997]).
discussed Cited as authority (rule) Elsawi v. Saratoga Springs City Sch. Dist.
N.Y. App. Div. · 2020 · confidence medium
Nor do we discern any error or abuse of discretion in Supreme Court's determination to admit certain expert testimony relating to plaintiff's future damages ( compare Duffen v State of New York , 245 AD2d 653, 654 [1997], lv denied 91 NY2d 810 [1998]).
discussed Cited as authority (rule) Marcello v. Flecher
N.Y. App. Div. · 2017 · confidence medium
Inasmuch as matters relating to prescribing or administering medications (see Duffen v State of New York, 245 AD2d 653, 653 [1997], lv denied 91 NY2d 810 [1998]; Redding v Saunders, 213 AD2d 1015, 1015 [1995], lv denied 85 NY2d 811 [1995]) and the alleged failure to diagnose or treat a specific condition implicate “the level or standard of care expected of a physician in the community . . . and do not encompass matters within the ordinary knowledge and experience of laypersons” (Monzon v Chiaramonte, 140 AD3d 1126, 1128 [2016]), an affidavit of merit was required (see Sabatino v Albany Med…
cited Cited as authority (rule) Outman v. Annucci
N.Y. Sup. Ct. · 2015 · confidence medium
Even according petitioner, as a self represented litigant, some degree of latitude (Duffen v State of New York, 245 AD2d 653, 653-654 [3d Dept 1997]), the petition fails.
discussed Cited as authority (rule) Knight v. State
N.Y. App. Div. · 2015 · confidence medium
“Whether the claim is grounded in negligence or medical malpractice, where medical issues are not within the ordinary experience and knowledge of lay persons, expert medical testimony is a required element of a prima facie case” (Myers v State of New York, 46 AD3d 1030, 1031 [2007] [internal quotation marks, brackets and citations omitted]; see Tatta v State of New York, 19 AD3d 817, 818 [2005], lv denied 5 NY3d 712 [2005]; Duffen v State of New York, 245 AD2d 653, 653 [1997], lv denied 91 NY2d 810 [1998]).
discussed Cited as authority (rule) Knight v. State
N.Y. App. Div. · 2015 · confidence medium
“Whether the claim is grounded in negligence or medical malpractice, where medical issues are not within the ordinary experience and knowledge of lay persons, expert medical testimony is a required element of a prima facie case” (Myers v State of New York, 46 AD3d 1030, 1031 [2007] [internal quotation marks, brackets and citations omitted]; see Tatta v State of New York, 19 AD3d 817, 818 [2005], lv denied 5 NY3d 712 [2005]; Duffen v State of New York, 245 AD2d 653, 653 [1997], lv denied 91 NY2d 810 [1998]).
discussed Cited as authority (rule) Limani Realty, LLC v. Zayfert
N.Y. App. Term. · 2012 · confidence medium
We note that while courts may afford a pro se litigant “some latitude” (Duffen v State of New York, 245 AD2d 653, 653 [1997]), a pro se litigant “acquires no greater right than any other litigant” (Roundtree v Singh, 143 AD2d 995, 996 [1988]) “and will be held to the same standards of proof as those who are represented by counsel” (Duffen v State of New York, 245 AD2d at 654 ; see also Sporten v Samuel, 31 Misc 3d 151[A] , 2011 NY Slip Op 51123[U] [App Term, 2d Dept, 9th & 10th Jud Dists 2011]; Boltz v Ascolesi, 16 Misc 3d 133[A] , 2007 NY Slip Op 51499[U] [App Term, 2d Dept, 2d & …
discussed Cited as authority (rule) Clark v. Basco
N.Y. App. Div. · 2011 · confidence medium
Despite plaintiffs suggestion to the contrary, a pro se litigant “ ‘acquires no greater right than any other litigant’ ” and, therefore, her decision to proceed pro se had no effect on her burden to present legally competent evidence to oppose defendant’s summary judgment motion (Duffen v State of New York, 245 AD2d 653, 654 [1997], lv denied 91 NY2d 810 [1998], quoting Roundtree v Singh, 143 AD2d 995, 996 [1988]).
discussed Cited as authority (rule) Wood v. State
N.Y. App. Div. · 2007 · confidence medium
Under either theory, “[w]here medical issues are not within the ordinary experience and knowledge of lay persons, expert medical opinion is . . . required” to establish that defendant’s alleged negligence or deviation from an accepted standard of care caused or contributed to claimant’s injuries (Wells v State of New York, 228 AD2d 581, 582 [1996], lv denied 88 NY2d 814 [1996]; see Bennett v State of New York, 31 AD3d 1069, 1070 [2006]; Tatta v State of New York, 19 AD3d 817, 818 [2005], lv denied 5 NY3d 712 [2005]; Duffen v State of New York, 245 AD2d 653, 653-654 [1997], lv denied 91…
discussed Cited as authority (rule) Lea v. Cucuzza
N.Y. App. Div. · 2007 · confidence medium
Were the report of the defendants’ ear, nose, and throat physician proffered by the plaintiff in opposition to the motion for summary judgment admissible {accord Positko v Krawiec, 6 AD3d 517, 518 [2004]; Manilla v Luca, 298 AD2d 505 [2002]; Pagano v Kingsbury, 182 AD2d 268, 271 [1992]), it would be insufficient to defeat the motion as its conclusions were equivocal {see Matter of Milea v Easy Appliances Div., Murray Corp., 29 AD2d 730, 731 [1968]; Duffen v State of New York, 245 AD2d 653, 654 [1997]) and the report failed to qualitatively assess how the plaintiff’s alleged exacerbated ver…
discussed Cited as authority (rule) Trottie v. State
N.Y. App. Div. · 2007 · confidence medium
Moreover, even assuming improper delay in providing treatment, it was incumbent upon claimant to show by competent expert evidence that the delay was a cause of his alleged ensuing medical problems (see Duffen v State of New York, 245 AD2d 653, 654 [1997], lv denied 91 NY2d 810 [1998]; see also Lowe v State of New York, 35 AD3d 1281, 1282 [2006]; Tatta v State of New York, 19 AD3d 817, 818 [2005], lv denied 5 NY3d 712 [2005]).
discussed Cited as authority (rule) Tatta v. State
N.Y. App. Div. · 2005 · confidence medium
Although claimant alleged that the unauthorized disclosure accelerated the progression of his illness and resulted in deterioration of his health, he was required to present competent medical evidence of the effects of the disclosure (see Duffen v State of New York, 245 AD2d 653, 653-654 [1997], lv denied 91 NY2d 810 [1998]; Glendora v Walsh, 227 AD2d 377, 377-378 [1996], lv denied 88 NY2d 812 [1996]).
cited Cited as authority (rule) Jacobs v. Newton
N.Y. City Civ. Ct. · 2003 · confidence medium
(See Duffen v State of New York, 245 AD2d 653, 653-654 [3d Dept 1997]; Redding v Saunders, 213 AD2d 1015 [4th Dept 1995]; Sabatino v Albany Med.
discussed Cited "see" Benedetto v. Tannenbaum
N.Y. App. Div. · 2020 · signal: see · confidence high
Contrary to the plaintiff's contention, her decision to proceed pro se "had no effect on her burden to present legally competent evidence to oppose [the] summary judgment motion" ( Clark v Basco , 83 AD3d 1136 , 1139 n; see Duffen v State of New York , 245 AD2d 653, 653-654 ).
discussed Cited "see" Tatta v. State
N.Y. App. Div. · 2005 · signal: see · confidence high
Whether the claim is grounded in negligence or medical malpractice, “[w]here medical issues are not within the ordinary experience and knowledge of lay persons, expert medical opinion is a required element of a prima facie case” (Wells v State of New York, 228 AD2d 581, 582 [1996], lv denied 88 NY2d 814 [1996]; see Duffen v State of New York, 245 AD2d 653, 653-654 [1997], lv denied 91 NY2d 810 [1998]).
discussed Cited "see" Barnes v. Anderson (2×)
2d Cir. · 1999 · signal: see · confidence high
See Duffen v. State, 245 A.D.2d 653, 653 , 665 N.Y.S.2d 978 (3rd Dep’t 1997) (“Whether the claim is considered to assert a cause of action sounding in negligence or one for malpractice, there cannot be serious doubt that the issue of [w]hether and to what'extent ... medications contributed to claimant’s condition is not a matter of common knowledge which a fact finder' could decide in the absence of expert testimony.”) (internal quotation marks and citation omitted) (alteration in original).
discussed Cited "see" Arthur Barnes and Michelle Barnes v. Laura Anderson, Bernardo Aviles, Arnold Thomas, Alan Kaplan, and Randal Meierdierks (2×)
2d Cir. · 1999 · signal: see · confidence high
See Duffen v. State, 245 A.D.2d 653, 653 , 665 N.Y.S.2d 978 (3rd Dep’t 1997) (‘Whether the claim is considered to assert a cause of action sounding in negligence or one for malpractice, there cannot be serious doubt that the issue of [wjhether and to what extent ... medications contributed to claimant’s condition is not a matter of common knowledge which a fact finder could decide in the absence of expert testimony.”) (internal quotation marks and citation omitted) (alteration in original).
discussed Cited "see, e.g." Cota v. Adirondack Med. Ctr.
N.Y. App. Div. · 2025 · signal: see also · confidence medium
Although an expert medical opinion may not be needed where the causal relationship between the alleged malpractice and the plaintiff's injury is readily apparent to lay persons ( see Fiore v Galang , 64 NY2d 999, 1001 [1985]; Macey v Hassam , 97 AD2d 919, 919-920 [3d Dept 1983]; see also Knight v State of New York , 127 AD3d 1435 , 1435 [3d Dept 2015], appeal dismissed 25 NY3d 1212 [2015]), whether and to what extent plaintiff's treatment or outcome would have changed if her fracture had been diagnosed earlier cannot be deemed a matter of common knowledge ( see Duffen v State of New York , 245…
discussed Cited "see, e.g." Cota v. Adirondack Med. Ctr.
N.Y. App. Div. · 2025 · signal: see also · confidence medium
Although an expert medical opinion may not be needed where the causal relationship between the alleged malpractice and the plaintiff's injury is readily apparent to lay persons ( see Fiore v Galang , 64 NY2d 999, 1001 [1985]; Macey v Hassam , 97 AD2d 919, 919-920 [3d Dept 1983]; see also Knight v State of New York , 127 AD3d 1435 , 1435 [3d Dept 2015], appeal dismissed 25 NY3d 1212 [2015]), whether and to what extent plaintiff's treatment or outcome would have changed if her fracture had been diagnosed earlier cannot be deemed a matter of common knowledge ( see Duffen v State of New York , 245…
Retrieving the full opinion text from the archive…
Stephen P. Duffen
v.
State of New York
Appellate Division of the Supreme Court of the State of New York.
Dec 4, 1997.
245 A.D.2d 653
1997 N.Y. App. Div. LEXIS 12598
Mercure.
Cited by 45 opinions  |  Published
Mercure, J.

Appeal from a judgment of the Court of Claims (Bell, J.), entered January 29, 1997, upon a decision of the court in favor of claimant.

Claimant, an inmate at a State correctional facility, commenced this action to recover for an ankle injury he allegedly sustained when he fell on the ground in the facility recreation yard. As relevant to this appeal, claimant’s theory of liability against the State is founded upon the prison personnel’s demonstrated delay in providing claimant with his prescribed medication, which claimant alleges caused him to become dizzy and fall. At trial, claimant called Kang Lee, the facility medical director, who testified that claimant’s lack of medication “may or may not” have caused his dizziness. Following the liability phase of the bifurcated trial, the Court of Claims determined that the State was negligent in delaying claimant’s medical treatment. Notably, the Court of Claims concluded that, as a pro se litigant, claimant could not be expected to obtain expert testimony with the same skill as counsel and also that, as an employee of the State directly involved in the incident, Lee “may naturally have wanted to minimize the effect of the lack of medication”. Accordingly, the Court of Claims held that Lee’s testimony was sufficient to demonstrate that claimant’s injuries were proximately caused by the State’s negligence in delaying medication. Following a trial on damages and an award in favor of claimant, the State brought the present appeal.

In our view, there is considerable merit to the State’s contention that, in the absence of any competent expert opinion on the issue of proximate causation, the Court of Claims’ decision in favor of claimant was not supported by legally sufficient evidence. We shall accordingly reverse the judgment in favor of claimant and dismiss the claim.

Whether the claim is considered to assert a cause of action sounding in negligence or one for malpractice, there cannot be serious doubt that the issue of “[wjhether and to what extent * * * medications contributed to claimant’s condition is not a matter of common knowledge which a fact finder could decide in the absence of expert testimony” (Armstrong v State of New York, 214 AD2d 812, 813, lv denied 86 NY2d 702; see, Sabatino v Albany Med. Ctr. Hosp., 187 AD2d 777). Furthermore, claimant’s choice to proceed pro se had no effect on his burden to present legally competent evidence. Although courts will routinely afford pro se litigants some latitude (see, Sloninski v Weston, 232 AD2d 913, lv denied 89 NY2d 809; Sabatino v Albany Med. Ctr. Hasp., supra; Moore v County of Rensselaer, [*654] 156 AD2d 784), a pro se litigant “acquires no greater right than any other litigant” and will be held to the same standards of proof as those who are represented by counsel (Roundtree v Singh, 143 AD2d 995, 996; see, Sloninski v Weston, supra). Accordingly, we conclude that claimant was required to present competent expert evidence that the absence of medication contributed to his dizzy condition and ultimate fall.

Although no particular words need be uttered, an expert’s opinion must be expressed in such a way that “it is ‘reasonably apparent’ that ‘the [physician] intends to signify a probability supported by some rational basis’ ” rather than mere supposition or speculation (Matott v Ward, 48 NY2d 455, 461, quoting Matter of Miller v National Cabinet Co., 8 NY2d 277, 282, mot to amend remittitur granted 8 NY2d 1025; see, Matter of Cyr v Bern Constr. Corp., 75 AD2d 914, 915). Here, examining Lee’s testimony in its entirety and taking into account that he was only minimally involved with claimant’s medical history and based his opinion largely upon claimant’s medical records (see, Matter of Slade, 106 AD2d 914, 915), we conclude that the opinion that, depending upon the patient and his condition at the particular time, skipping medicine for several days “may or may not” result in dizziness was too speculative to constitute competent expert proof of causation (see, Gross v Friedman, 138 AD2d 571, affd 73 NY2d 721).

Mikoll, J. P., Crew III, White and Yesawich Jr., JJ., concur. Ordered that the judgment is reversed, on the law and the facts, without costs, and claim dismissed.