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KIPYBIDA v. GOOD SAMARITAN HOSPITAL

35 A.D.3d 544 (2006)

827 N.Y.S.2d 201

ANN KIPYBIDA, Appellant, v. GOOD SAMARITAN HOSPITAL, Respondent.

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

Decided December 12, 2006.

Ordered that the order is affirmed, with costs.

To establish a prima facie case of negligence, a plaintiff must demonstrate the existence of a duty owned by the defendant to the plaintiff, a breach of that duty, and that the breach was a proximate cause of the plaintiff's injury (see Pulka v Edelman, 40 N.Y.2d 781, 782 [1976]; Vetrone v Ha Di Corp., 22 A.D.3d 835, 837 [2005];

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