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MAYERS v. COLCHER

245 A.D.2d 101 (1997)

665 N.Y.S.2d 877

Angela Mayers, Respondent, v. Paul S. Colcher et al., Defendants, and Saroj Khaneja et al., Appellants

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

December 11, 1997

Appellants met their burden as movants of establishing, prima facie, a lack of negligence in their handling and analysis of certain tissue samples. Respondent, in turn, failed to rebut that showing with competent evidence to support the conclusion of her expert that the samples were contaminated as the result of negligence by appellants (see, Burt v Lenox Hill Hosp., 141 A.D.2d 378

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