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BARONE v. FLYNN

284 A.D.2d 422 (2001)

726 N.Y.S.2d 690

PETER J. BARONE et al., Respondents, v. JOHN B. FLYNN, JR., Appellant.

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

Decided June 18, 2001.

Ordered that the order is affirmed, with costs.

The defendant established a prima facie case of entitlement to judgment as a matter of law (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324). In opposition, the plaintiffs submitted the affirmation of the treating orthopedic surgeon, raising a triable issue of fact as to whether the defendant's alleged failure to detect and treat...

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