Feliciano v St. Vincent De Paul Residence
2016 NY Slip Op 03667 [139 AD3d 463]
May 10, 2016
Appellate Division, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 29, 2016


[*1]
 Yolanda Feliciano et al., Appellants,
v
St. Vincent De Paul Residence et al., Respondents.

Krenstel & Guzman, LLP, New York (Somya Kaushik of counsel), for appellants.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York (Judy C. Selmeci of counsel), for respondents.

Order, Supreme Court, Bronx County (Stanley Green, J.), entered January 13, 2015, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In opposition to defendants' prima facie showing that the care rendered to plaintiffs' decedent was within the accepted standards of medical and nursing home care, plaintiffs' expert's report failed to raise an issue of fact since it contained statements of fact unsupported by the record and speculative medical conclusions (see Craig v St. Barnabas Nursing Home, 129 AD3d 643 [1st Dept 2015]). Concur—Mazzarelli, J.P., Renwick, Saxe, Gische and Kahn, JJ.