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STOKES v. STRONG HEALTH MCO

191 Misc.2d 695 (2002)

744 N.Y.S.2d 650

EILEEN O. STOKES et al., Plaintiffs, v. STRONG HEALTH MCO, INC., et al., Defendants.

Supreme Court, Monroe County.

June 10, 2002.

Attorney(s) appearing for the Case

Ward Norris Heller & Reidy LLP, Rochester (Daniel P. Purcell of counsel), for Strong Health MCO, Inc., defendant.

Brown & Tarantino, Rochester (Thomas M. Bernacki of counsel), for Donald Duckles, defendant.

Woods Oviatt Gilman LLP, Rochester (William P. Smith, Jr., of counsel), for United States Surgical Supply Corporation, defendant.

Margaret E. Somerset, Canandaigua, for F.F. Thompson Health Systems, Inc., defendant.

Hirsch & Tubiolo, P.C., Rochester (Christopher S. Noone of counsel), for Paul Whitehead, defendant.

Geiger & Rothenberg, LLP, Rochester (David Rothenberg of counsel), for Ethicon Endo-Surgery, Inc., defendant.

Michaels & Smolak, P.C., Auburn (Jan M. Smolak of counsel), for plaintiffs.

OPINION OF THE COURT

ANDREW V. SIRACUSE, J.

The shifting burdens of persuasion when a defendant moves for summary judgment should not obscure the plaintiff's fundamental burden, which is to establish a prima facie case. While all the defendants have moved for summary judgment here, only two are entitled to the relief, and the result turns not so much on the interpretation of the facts as on the burden placed upon the plaintiffs.

The facts in this...

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