DEHAARTE v. RAMENOVSKY

2008-08001.

67 A.D.3d 724 (2009)

889 N.Y.S.2d 68

2009 NY Slip Op 08172

KERN DEHAARTE, Appellant-Respondent, v. MAX L. RAMENOVSKY, Respondent-Appellant, et al., Defendants.

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

Decided November 10, 2009.


Ordered that the order is modified, on the facts and in the exercise of discretion, by deleting from the penultimate paragraph thereof the figure "$100,000" and substituting therefor the figure "$200,000"; as so modified, the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

To establish a prima facie case of liability for medical malpractice, a plaintiff must prove that the defendant deviated from accepted practice, and...

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