BEZERMAN v. BAILINE

2011-01597.

95 A.D.3d 1153 (2012)

945 N.Y.S.2d 166

2012 NY Slip Op 3971

NEIL BEZERMAN, Appellant, v. SAM BAILINE et al., Respondents.

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

Decided May 23, 2012.


Ordered that the order is affirmed, with costs.

On a motion for summary judgment dismissing the complaint in a medical malpractice action, a defendant must make a prima facie showing that there was no departure from good and accepted medical practice, or, if there was a departure, that the plaintiff was not injured thereby (see Salvia v St. Catherine of Sienna Med. Ctr., 84 A.D.3d 1053

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