HEALY v. SPECTOR


287 A.D.2d 541 (2001)

731 N.Y.S.2d 740

KEVIN R. HEALY, an Infant, by His Parent and Natural Guardian, PATRICIA HEALY, et al., Appellants, v. IRA J. SPECTOR, Respondent.

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

Decided October 15, 2001.


Ordered that the judgment is affirmed, with costs.

When considering whether a plaintiff has established a prima facie case, the evidence must be viewed in the light most favorable to the plaintiff and all issues of credibility must be resolved in the plaintiff's favor. In a medical malpractice case, a plaintiff must offer sufficient evidence from which a reasonable person may conclude that it is more probable than not that the injury was caused by the defendant (...

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