In January 2007, the Appellate Division, Second Department affirmed the lower court's ruling which granted summary judgment to a Lewis Johs client, an internal medicine doctor sued in a medical malpractice action.  The case involved the alleged failure to timely diagnose and treat lung cancer.  The Second Department held that the affidavit of plaintiff's medical expert was conclusory, speculative, and based upon an incorrect understanding of the facts and, thus, insufficient to raise a triable issue of fact.  The record did not establish that the plaintiff had ever been diagnosed with chronic obstructive pulmonary disease, recurrent bronchitis or pulmonary osteoarthropathy, which the expert claimed were signs of lung cancer, and there was no foundation that elevated calcium levels were related to undiagnosed lung cancer.  The appeal was handled by Joseph Nador.