OESTREICH v. PRESENT


50 A.D.3d 522 (2008)

857 N.Y.S.2d 79

JOYCE OESTREICH, as Administratrix of the Estate of HOLLY OESTREICH, Deceased, Appellant, v. DANIEL L. PRESENT, M.D., et al., Respondents, et al., Defendant.

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

Decided April 24, 2008.


Defendants-respondents made a prima facie showing of entitlement to summary judgment dismissing this medical malpractice action by submitting affidavits from medical experts establishing that the treatment provided to plaintiff's decedent, including the recommendation for surgery, comported with good and accepted practice. In response, plaintiff failed to raise a triable factual issue, as her expert anesthesiologist's affirmation, based on assumptions that were not supported...

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