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BOURGEOIS v. NORTH SHORE UNIVERSITY HOSPITAL AT FOREST HILLS

290 A.D.2d 525 (2002)

737 N.Y.S.2d 101

CHERYL BOURGEOIS, Appellant, v. NORTH SHORE UNIVERSITY HOSPITAL AT FOREST HILLS, Defendant, and GEORGE DELSHAD, Respondent.

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

Decided January 28, 2002.

Ordered that the order is affirmed insofar as appealed from, with costs.

The evidence submitted by the respondent, Dr. George Delshad, which included affidavits of two medical experts, was sufficient to establish his entitlement to summary judgment as a matter of law. The burden then shifted to the plaintiff to present competent evidence sufficient to raise a triable issue of fact (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320

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