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NICHOLS v. STAMER

49 A.D.3d 832 (2008)

854 N.Y.S.2d 220

ROBERT NICHOLS, Appellant, v. DAVID STAMER et al., Defendants, and ORTHOPEDIC ASSOCIATES OF DUTCHESS COUNTY, P.C., Respondent.

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

Decided March 25, 2008.

Ordered that the judgment is affirmed, with costs.

To be entitled to judgment as a matter of law pursuant to CPLR 4401, the defendant has the burden of showing that, upon viewing the evidence in the light most favorable to the plaintiff, the plaintiff has not made out a prima facie case (see Godlewska v Niznikiewicz, 8 A.D.3d 430, 431 [2004]; Lyons v McCauley, 252 A.D.2d 516, 517...

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