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CREW v. ST. JOSEPH'S MEDICAL CENTER

19 A.D.3d 205 (2005)

799 N.Y.S.2d 16

GUENITA CREW, as Executrix of VALERIA FAJARDO, Deceased, et al., Appellants, v. ST. JOSEPH'S MEDICAL CENTER, Respondent, et al., Defendants.

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

June 16, 2005.

Contrary to plaintiffs' contentions, St. Joseph's expert's affirmation did not contradict the testimony of the defendant doctors, and did credibly establish the existence of material issues of fact (Zuckerman v City of New York, 49 N.Y.2d 557 [1980]).

Supreme Court properly granted defendant's motion to change venue to Westchester County. Although Dr. Sayegh's Bronx County residence provided initial justification for placement...

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