PARKHURST v. COMMUNITY MEMORIAL HOSPITAL


288 A.D.2d 953 (2001)

732 N.Y.S.2d 214

DEBORAH L. PARKHURST, as Administratrix of the Estate of ROGER E. PARKHURST, Deceased, Respondent, v. COMMUNITY MEMORIAL HOSPITAL et al., Defendants, and DAWN CYMERMAN, M.D., Appellant.

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

Decided November 9, 2001.


Order unanimously affirmed with costs.

Memorandum:

Supreme Court properly denied the motion of defendant Dawn Cymerman, M.D. for summary judgment dismissing the amended complaint against her. We reject the contention of Cymerman that she is entitled to judgment as a matter of law because there is no conclusive proof that she treated plaintiff's decedent and thus plaintiff failed to establish a prima facie case of malpractice against her. "[T]he proponent of...

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