New York Court of Appeals
David Pullman, Appellant v. David A. Silverman, M.D., Respondents
November 1, 201628 N.Y.3d 1060
Summary
The New York Court of Appeals reversed the Appellate Division, denied defendant Dr. Silverman's motion for summary judgment, and answered the certified question negatively. The Court held that the defendant failed to meet his prima facie burden on proximate causation because his expert provided only conclusory statements unsupported by medical research. Justice Stein dissented, arguing the summary judgment should be affirmed, and Judge Fahey concurred, noting the Court did not resolve the split among Appellate Division departments on the burden‑shifting standard.