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SHEIKH v. SINHA

272 A.D.2d 465 (2000)

707 N.Y.S.2d 241

FARRUKH SHEIKH, Appellant, v. S. N. SINHA, Respondent.

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

Decided May 15, 2000.

Ordered that the order is affirmed, with costs.

In this action to recover damages for medical malpractice, the defendant made a prima facie showing of his entitlement to judgment in his favor as a matter of law. The burden then shifted to the plaintiff to lay bare his proof and demonstrate the existence of a triable issue of fact (see, Kaplan v Hamilton Med. Assocs., 262 A.D.2d 609). That required a showing that the defendant...

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