CREEKMORE v. GOOD SAMARITAN HOSP.


240 A.D.2d 616 (1997)

659 N.Y.S.2d 1000

Erma Creekmore, Individually and as Mother and Natural Guardian of Germaine Creekmore, an Infant, et al., Appellants, v. Good Samaritan Hospital et al., Respondents, et al., Defendant

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

June 23, 1997


Ordered that the order is affirmed, without costs or disbursements.

We agree with the Supreme Court's determination that the plaintiffs failed to meet their burden of timely submitting evidentiary proof in admissible form to rebut the defendants' respective prima facie cases that they had not been negligent (see, Kramer v Rosenthal, 224 A.D.2d 392). Nor did the plaintiffs "demonstrate acceptable excuse for [their]...

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