JAMES v. WORMUTH

767 CA 09-01939.

74 A.D.3d 1895 (2010)

904 N.Y.S.2d 845

MARGUERITE JAMES, Appellant, v. DAVID WORMUTH, M.D., et al., Respondents.

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

Decided June 18, 2010.


It is hereby ordered that the order insofar as appealed from is unanimously reversed on the law without costs, the motion is denied and the complaint is reinstated.

Memorandum: Plaintiff appeals, as limited by her brief, from that part of an order granting the motion of defendants for summary judgment dismissing the complaint in this medical malpractice action. Defendants had "`the initial burden of establishing the absence...

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