Summary Judgment Dismissal


Congratulations to Denise Holzka and Denise Graziano on obtaining summary judgment dismissal on behalf of all defendants in a fertility case before Justice John Kelley in New York County Supreme Court.  Plaintiff claimed that our facility negligently performed an egg retrieval on a 40-year-old patient and that the resulting fertilization, freezing, grading, and storage of embryos resulted in the loss of plaintiff’s ability to have biological children.


In support of the motion, Ms. Holzka and Ms. Graziano submitted affidavits from experts in Fertility Medicine, Embryology and Cytotechnology, who all opined that the medical procedures carried out by our clients were done so in accordance with the standard of care, and that there was no evidence to support plaintiff’s contentions that any of the procedures caused the alleged destruction of her genetic material.  Justice Kelley agreed with our experts and dismissed the case in its entirety.