In Oestreich v. Present , Joyce Oestreich's decedent died while being treated by Dr. Daniel Present.
When the New York County Supreme Court granted Present's request to dismiss the case based on his proof that the treatment "comported with good and accepted practice," Oestreich appealed to the Appellate Division, First Department, which affirmed the outcome.
Apparently Oestreich's experts failed to rebut Present's demonstration. Her doctors offered "general conclusions," "misstatements of evidence," and were unable to support their analysis in a legally sufficient way.
Clearly, the AD1 wasn't willing to hand someone a Present.
For a copy of the Appellate Division's decision, please use this link: Oestreich v. Present