ATKINS v. PIAZZA, M.D.


281 A.D.2d 884 (2001)

722 N.Y.S.2d 196

RICHARD D. ATKINS et al., Respondents, v. JACOB J. PIAZZA, M.D., et al., Defendants, and MIAN A. MAJEED, M.D., et al., Appellants.

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

Decided March 21, 2001.


Order unanimously affirmed without costs.

Memorandum:

We affirm for reasons stated in the decision at Supreme Court. We add only that, assuming, arguendo, that defendants Mian A. Majeed, M.D. and Westfield Memorial Hospital made a prima facie showing that any negligence on their part was not a proximate cause of the injury to plaintiff Richard D. Atkins, we conclude that the affidavit of plaintiffs' expert raises a triable question of fact on that issue (...

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