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EVANS v. KUO

234 A.D.2d 97 (1996)

651 N.Y.S.2d 300

Irving Evans, Appellant, v. Amy Huei-Mei Kuo et al., Defendants, and New York Infirmary Beekman Downtown Hospital, Respondent

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

December 12, 1996

We agree with the motion court that the affidavit of plaintiff's medical expert failed to demonstrate merit against defendants warranting restoration to the calendar, where the record reveals that the treating physicians were not employees of defendant hospital and the affidavit failed to make specific reference to particular acts or omissions on the part of the hospital or acts of malpractice with respect to the procedures that...

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