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STEPANIAN v. GOLDSTEIN

239 A.D.2d 569 (1997)

658 N.Y.S.2d 969

Tamar Stepanian, Respondent, v. Allen Goldstein, Appellant

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

May 27, 1997

Ordered that the order is affirmed, with costs.

The evidence submitted by the defendant in support of his motion for summary judgment established a prima facie case that his treatment of the plaintiff was not negligent. The burden then shifted to the plaintiff to demonstrate the existence of a triable issue of fact (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320; Kramer...

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