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GELLER v. WALDBAUM

33 A.D.3d 855 (2006)

824 N.Y.S.2d 311

CLAIRE GELLER et al., Respondents, v. ROBERT STEVEN WALDBAUM et al., Defendants, and ELLIOT PELLMAN, Appellant.

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

Decided October 24, 2006.

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

The defendant Elliot Pellman met his burden of establishing his prima facie entitlement to judgment as a matter of law by submitting the affidavit of a medical expert opining, to a reasonable degree of medical certainty, that he acted within good and accepted standards of medical practice in his care and treatment of the decedent (see Mandel v New...

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