Patricia Comblo and Dylan Braverman secure summary judgment win in favor of physician client in Bronx County Supreme Court wrongful death action. Plaintiff alleged medical malpractice regarding a failure to diagnose and treat acute myelogenous leukemia. The VBPNP team argued there was no viable claims as against their client. Specifically, it was argued their client did not deviate from the standard of accepted practice, was not the proximate cause of any alleged injuries, plaintiff’s claims were barred by the statute of limitations and plaintiff failed to raise a triable issue of fact in opposition to the motion for summary judgment and improperly attempted to assert new claims and allegations raised for the first time in their opposition. 

The Court agreed finding the record was devoid of any evidence which would substantiate plaintiff’s claims and plaintiff failed to raise a triable issue of fact in opposition to defendant’s motion.