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CEGIELSKI v. ST. FRANCIS HOME

222 A.D.2d 1010 (1995)

636 N.Y.S.2d 677

John W. Cegielski, as Administrator of The Estate of Kathleen A. Cegielski, Deceased, Respondent, v. St. Francis Home, Appellant

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

December 22, 1995

Judgment unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied defendant's motion to dismiss at the close of proof. Contrary to defendant's contention, expert testimony was not required to establish a prima facie case because this case involves ordinary negligence, not medical malpractice (see, Kerker v Hurwitz, 163 A.D.2d 859, remittitur amended 166 A.D.2d 931<...

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