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J.A.D. v. AREVALO

20922/13E, 3856.

149 A.D.3d 664 (2017)

2017 NY Slip Op 03269

50 N.Y.S.3d 878

J.A.D., an Infant, by His Mother and Natural Guardian, et al., Respondents, v. RONALD PAUL AREVALO, M.D., Appellant, et al., Defendants.

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

Decided April 27, 2017.

The record, which includes conflicting expert affidavits, presents triable issues as to whether defendant Arevalo deviated from good and accepted medical practice, and whether such alleged deviation proximately caused the infant plaintiff's injuries (see generally Dallas-Stephenson v Waisman, 39 A.D.3d 303, 306-307 [1st Dept 2007]). Plaintiff's expert neonatologist sufficiently raised questions as to whether Arevalo failed to

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