Sheeley LLP obtained a dismissal on behalf of a New York City dialysis center in a case where a plaintiff accused our client of failing to prevent him from falling, resulting in a subdural hematoma and death.

In November 2022, Scott Singer, Esq., successfully moved for summary judgment in the Supreme Court, Kings County. Through the affidavit of a board-certified neuroradiologist, Scott established that the decedent’s fall at the facility did not result in a subdural hematoma.

Shortly after the incident, hospital records failed to demonstrate evidence of a brain injury. When the patient suddenly developed confusion four weeks post-incident, he was taken to an emergency room and found to have a brain bleed.

Sheeley LLP’s motion for summary judgment established that there was no evidence the decedent’s fall at the center resulted in an acute injury. As such, the patient must have experienced subsequent head trauma, which caused the brain bleed at issue.

The trial court found the plaintiff’s expert’s affidavit, submitted in opposition to the defendant’s summary judgment motion, was inadmissible. In any event, the plaintiff’s expert failed to rebut the defendant’s expert’s contentions.

The plaintiff appealed the decision to the Appellate Division, Second Department. In May 2026, the Appellate Division affirmed the lower court’s decision, finding the plaintiff’s expert failed to address the defendant’s expert’s contentions.

Congratulations also to David Sculnick, Esq., who prepared the respondent’s brief, and Jon D. Lichtenstein, Esq., who argued the appeal.