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MUSTELLO v. BERG

44 A.D.3d 1018 (2007)

845 N.Y.S.2d 86

DAWN MUSTELLO, Appellant, v. PAUL BERG et al., Respondents, et al., Defendants.

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

Decided October 30, 2007.

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

The defendants Paul Berg and Prohealth Care Associates, LLP (hereinafter Prohealth), made a prima facie showing of entitlement to judgment as a matter of law. In opposition, the plaintiffs failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). In this regard, Berg and Prohealth submitted an expert medical affidavit...

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