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OSTRAGER v. RHINEBECK EQUINE, L.L.P.

34 A.D.3d 238 (2006)

822 N.Y.S.2d 711

BARRY R. OSTRAGER, Appellant, v. RHINEBECK EQUINE, L.L.P., et al., Respondents.

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

Decided November 2, 2006.

Defendant doctors established their prima facie entitlement to summary judgment based on their affidavits that the treatment of plaintiff's mares was consistent with accepted veterinary practice. Plaintiff's conclusory allegations of malpractice, unsupported by competent evidence tending to establish the essential elements of his claim, were insufficient to defeat defendants' motion (see Alvarez v Prospect Hosp., ...

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