Michael Patrick Kelly

Practice Details

• Firm Information
  Position

  Special Counsel
• Representative Cases & Transactions
  Cases

  Significant Representative Matters
  Had award of summary judgment against a prominent New York City hospital affirmed on appeal by United States Court of Appeals for the Second Circuit in action premised on negligence, assault, the Americans with Disabilities Act
  civil rights violations because the governing statutes did not provide the plaintiff with any basis for his lawsuit. Achieved affirmance of jury verdict in favor of defendant-physician by Appellate Division, Second Department, because the verdict was consistent with the weight of the evidence. Achieved affirmance of summary judgment award in favor of defendant-physician by Appellate Division, First Department, in medical malpractice where the plaintiff attempted to commit suicide by throwing himself out of hospital window because such was not foreseeable. Had an order denying a defendant-physician's motion for summary judgment reversed by Appellate Division, Second Department, because plaintiff's expert failed to raise a triable issue of fact as to whether the defendant deviated from accepted st
  ards of care in not diagnosing the plaintiff's colon cancer. Had a motion denying defendant-physician's motion for summary judgment based on the statute of limitations reversed by Appellate Division, First Department, because the lower court improperly applied the doctrine of equitable estoppel. Convinced Appellate Division, Second Department, to affirm lower court's order denying summary judgment to pharmaceutical manufacturer in action against physician
  pharmaceutical manufacturer where the plaintiff had participated in an investigational study of an experimental vaccine. Obtained order from Supreme Court, Bronx County, permitting defendant-physician's experts to perform genetic testing of infant-plaintiff's previously extracted tissue biopsies in medical malpractice action where plaintiff alleged brain injury secondary to labor
  delivery
  order permitting the genetic testing allowed the defendant to argue the plaintiff's injuries were not due to the defendant's acts
  omissions
  thus settle case at a reasonable amount.