JOHNSON v. BENEZRA


279 A.D.2d 425 (2001)

719 N.Y.S.2d 849

JOHN V. JOHNSON, Appellant, v. JEFFREY C. BENEZRA, Respondent.

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

Decided January 30, 2001.


In this medical malpractice matter involving long-term psychiatric treatment, plaintiff's expert's affidavit, when considered in light of the entire factual record, sufficiently raised triable, material issues of fact regarding causation of injury as well as deviation from accepted practices. Such factual issues include whether defendant's intervention, allegedly pursued after plaintiff decided to terminate treatment, precipitated identifiable injuries to plaintiff's fragile...

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