GIBSON v. D'AMICO


97 A.D.2d 905 (1983)

William Gibson, Appellant, v. Paul D'Amico et al., Respondents

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

November 23, 1983


We are today requested to re-examine the well-established rules in medical malpractice actions regarding the proof necessary to establish a prima facie case which is entitled to jury consideration. In this action, the trial court, finding that plaintiff had failed to offer proof sufficient to do so, granted defendants' motion and dismissed the complaint. For the reasons which follow, we affirm. It has long been the recognized rule of law that in order to establish a prima...

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