JONASSEN v. STATEN ISLAND UNIV. HOSP.


22 A.D.3d 805 (2005)

803 N.Y.S.2d 700

JANINE JONASSEN et al., Appellants, v. STATEN ISLAND UNIVERSITY HOSPITAL et al., Respondents, et al., Defendants.

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

October 31, 2005.


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

"In medical malpractice actions, a plaintiff opposing a defendant physician's summary judgment motion must submit material or evidentiary facts to rebut the physician's prima facie showing that he or she was not negligent in treating the plaintiff" (DiMitri v Monsouri, 302 A.D.2d 420, 421 [2003]; see Alvarez v Prospect Hosp.,

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