FLEMING v. PEDINOL PHARMACAL, INC.


70 A.D.3d 422 (2010)

893 N.Y.S.2d 551

SHIRLEY FLEMING, Individually and as Administratrix of the Estate of ROGER FLEMING, Deceased, Appellant, v. PEDINOL PHARMACAL, INC., et al., Respondents.

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

Decided February 4, 2010.


Defendants made a prima facie showing entitling them to summary judgment dismissing the cause of action for wrongful death based on plaintiff's decedent's medical records, the deposition testimony of the decedent's treating physician, and the affirmation of a vascular surgeon (see Browder v New York City Health & Hosps. Corp., 37 A.D.3d 375 [2007]). In response, plaintiff failed to raise a triable issue of fact. While plaintiff...

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