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WATERS v. MOUNT SINAI SCHOOL OF MEDICINE-THE MOUNT SINAI HOSPITAL

38 A.D.3d 257 (2007)

831 N.Y.S.2d 71

ROBERT WATERS et al., Appellants, v. MOUNT SINAI SCHOOL OF MEDICINE-THE MOUNT SINAI HOSPITAL et al., Respondents.

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

Decided March 8, 2007.

Defendants in this medical malpractice and wrongful death action established, in their motion, a prima facie case that they adhered to accepted standards of medical practice in treating the infant. The burden then shifted to plaintiffs, whose response consisted only of speculation, thus failing to raise any genuine material issues of fact (see Rodriguez v Montefiore Med. Ctr., 28 A.D.3d 357 [2006]). Speculation is not a substitute...

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