Queens County Supreme Court grants unopposed Summary Judgment while Plaintiff filed opposition to codefendant motions!

ARFD’s litigation team of trial partner, Philip D. Lerner, Partners, Jennifer Kavallieratos and Deirdre Tracey, and Associate, Jordan Conger, recently won summary judgment in Queens County Supreme after plaintiff chose to not oppose their clients’ motion, while submitting opposition to the motions filed on behalf of the codefendants.

ARFD represented an NYC Hospital and a cardiologist against plaintiff’s claims that they failed to timely diagnose endocarditis resulting in the surgery to replace the affected cardiac valve, as well as the placement of a pacemaker and a prolonged hospitalization. Defendants’ cardiology expert supported our clients’ care in opining that plaintiff was properly evaluated during all visits at issue and that, during those visits, plaintiff had no overt or subtle signs of endocarditis that should have led the defendants to suspect or evaluate plaintiff for endocarditis. Additional grounds for dismissal also included that plaintiff’s Complaint was untimely as the tolling provisions under the continuous treatment doctrine and COVID-19 related executive orders were inapplicable in this case. Ultimately, plaintiff declined to oppose our clients’ motion. Plaintiff did submit opposition to our codefendants’ motion for summary judgment, which was denied by the Court.

Congratulations to Phil, Jennifer, Deirdre, and Jordan on this excellent result for their clients!