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BJORKE v. IRA RUBENSTEIN

53 A.D.3d 519 (2008)

861 N.Y.S.2d 757

VICKY BJORKE et al., Appellants-Respondents, v. IRA RUBENSTEIN et al., Defendants, JOSEPH YACOVONE et al., Respondents-Appellants, and JENNIFER WILKEN et al., Respondents.

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

Decided July 8, 2008.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, with one bill of costs payable by the plaintiffs to the defendants Jennifer Wilken, Howard Karpoff, and Orange Surgical Group, M.D., P.C., and one bill of costs payable by the defendants Joseph Yacovone, Julie L. Barudin, and Horton Medical Center to the plaintiffs.

"In a medical malpractice action, the party moving for summary judgment must make a prima facie showing of entitlement to...

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