Eckman v. Cipolla
The plaintiff, Susan Eckman, appealed an order from the Supreme Court, Kings County, which granted summary judgment to defendants Anthony Cipolla, City of New York, New York City Fire Department, and Gerard J. Moriarty in a medical malpractice action. Eckman sought damages for the alleged wrongful death and pain and suffering of her late husband, James M. Manganaro III, who died by suicide, asserting that Cipolla failed to adequately monitor his psychotropic medication and Moriarty failed to perform a complete mental status assessment despite suicidal ideation. The defendants successfully demonstrated their prima facie entitlement to judgment as a matter of law, presenting expert affirmations, deposition testimony, and relevant medical records. The appellate court found that the plaintiff's expert affidavit was conclusory, speculative, and unsupported by the record, failing to raise a triable issue of fact. Consequently, the Supreme Court's decision to grant summary judgment dismissing the complaint against the defendants was affirmed.