HOWARD v. KENNEDY


60 A.D.3d 905 (2009)

875 N.Y.S.2d 271

FRED HOWARD et al., Respondents, v. KAREN KENNEDY et al., Appellants, et al., Defendant.

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

Decided March 24, 2009.


Ordered that the orders are affirmed, with one bill of costs.

The appellants made prima facie showings of entitlement to judgment as a matter of law by submitting the affidavit of an expert who opined, inter alia, that the appellants did not deviate from accepted standards of care in their treatment of the decedent, and that, in any event, any alleged deviation was not the proximate cause of the plaintiffs' damages. However, in opposition, the affidavit of the plaintiffs...

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