David Pullman, Appellant v. David A. Silverman, M.D., Respondents

Summary

The New York Court of Appeals reversed the Appellate Division and denied the defendant's motion for summary judgment, holding that the defendant failed to meet his prima facie burden on proximate causation. The Court noted that the defendant's expert offered only conclusory statements without factual support, and it also observed a split among Appellate Division departments on the burden‑shifting rule, which it did not resolve.