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DAMEN v. NORTH SHORE UNIVERSITY HOSPITAL

262 A.D.2d 598 (1999)

691 N.Y.S.2d 893

ROBERTA DAMEN et al., Appellants, v. NORTH SHORE UNIVERSITY HOSPITAL et al., Defendants, and SUSAN HYMAN, Respondent.

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

Decided June 28, 1999.

Ordered that the order is affirmed insofar as appealed from, with costs.

The now-deceased defendant, Dr. Roger A. Hyman, established his entitlement to judgment as a matter of law, thus shifting the burden to the plaintiffs to demonstrate the existence of a triable issue of fact (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320, 326-327). The plaintiffs failed to submit an affidavit from a medical expert to demonstrate that Dr...

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