Summary Judgment Granted on behalf of Major University Medical Center

by | Dec 4, 2020 | Case Results, Medical Malpractice | 0 comments

Senior Partner, Laurie A. Annunziato, Associate, Amy E. Korn, and Of Counsel Gregory A. Cascino secured a summary judgement on behalf of our client in a case involving claims of negligence surrounding the treatment at an outpatient rehabilitation facility. In this matter, the plaintiff, a 75 year old woman was receiving therapy at a cardiac rehabilitation center on April 29, 2010, when she sustained a fall while riding an Airdyne bike.  As a result, she sustained a right subdural hematoma requiring surgical evacuation.

Plaintiff’s counsel was granted four adjournments to file opposition to our summary judgment motion by Judge O’Donoghue. After the fourth adjournment, plaintiff filed her opposition two weeks late. Judge O’Donoghue granted our summary judgment motion and declined to consider plaintiff’s late opposition.  Plaintiff thereafter sought to reargue the motion, which was denied by Judge O’Donoghue.  On Appeal, we highlighted plaintiff’s failure to offer any explanation as to why it took plaintiff almost six months to oppose our motion. We further argued that the granting of an adjournment rests in the sound discretion of the trial court. The Appellate Division Second Department affirmed a Supreme Court Order granting summary judgment to NYU finding that the plaintiff failed to make an adequate showing as to why they could not timely file opposition to Laurie A. Annunziato and Amy E. Korn’s summary judgment motion and did not offer a valid excuse entitling them to an adjournment that did not result from a lack of due diligence on plaintiffs part.