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DECINTIO v. LAWRENCE HOSPITAL

25 A.D.3d 320 (2006)

807 N.Y.S.2d 341

ANTHONY J. DECINTIO, Individually and as Administrator of the Estate of MARIE DECINTIO, Deceased, et al., Appellants, v. LAWRENCE HOSPITAL et al., Defendants, and PAUL WEINSTEIN, M.D., Respondent.

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

January 3, 2006.

After defendant Dr. Weinstein met his burden as summary judgment movant by submitting an expert's affidavit attesting that, in treating plaintiffs' decedent, Weinstein did not depart from the accepted standard of care in the medical community (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 325 [1986]), the burden shifted to plaintiffs to submit evidentiary facts or materials raising a triable...

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