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DECINTIO v. LAWRENCE HOSPITAL

299 A.D.2d 165 (2002)

753 N.Y.S.2d 26

ANTHONY J. DECINTIO et al., Appellants, v. LAWRENCE HOSPITAL et al., Respondents.

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

Decided November 7, 2002.

In light of plaintiff's failure to offer expert opinion in opposition to the affidavit of Dr. Rubin's expert, establishing Dr. Rubin's prima facie entitlement to judgment as a matter of law, no triable issue was raised and summary judgment dismissing the complaint as against Dr. Rubin was properly granted (see Zuckerman v City of New York, 49 N.Y.2d 557, 562). Contrary to plaintiff's argument...

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