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VENDETTE v. FEINBERG

125 A.D.2d 960 (1986)

Michael J. Vendette et al., Appellants, v. Michael S. Feinberg, Respondent

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

December 19, 1986

Order unanimously reversed, on the law, with costs, and motion denied.

Memorandum:

Special Term erred in granting summary judgment to the defendant doctor in this medical malpractice action. Although defendant, by expert opinion evidence, sought to establish his entitlement to summary judgment (cf. Winegrad v New York Univ. Med. Center, 64 N.Y.2d 851), plaintiff sufficiently opposed the motion by alleging defendant...

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