HOLTON v. SPRAIN BROOK MANOR NURSING HOME


253 A.D.2d 852 (1998)

678 N.Y.S.2d 503

James V. Holton, as Executor of Elbert E. Muehl, Deceased, Appellant, v. Sprain Brook Manor Nursing Home et al., Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

September 28, 1998


Ordered that the appeal from the order is dismissed as no appeal lies from an order denying reargument; and it is further,

Ordered that the judgment is affirmed; and it is further,

Ordered that one bill of costs is awarded to the respondents.

"The requisite elements of proof in a medical malpractice [action] are (1) a deviation or departure from accepted practice, and (2) evidence that such departure was a proximate cause of injury or damage" (Amsler...

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