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FOTIOU v. GOODMAN

2009-07261.

74 A.D.3d 1140 (2010)

905 N.Y.S.2d 626

PELAGI FOTIOU et al., Respondents, v. ALLEN GOODMAN et al., Appellants, et al., Defendant.

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

Decided June 22, 2010.

Ordered that the order is affirmed insofar as appealed from, with costs.

In a medical malpractice action, the proponent of a summary judgment motion must make a prima facie showing of the absence of any departure from good and accepted medical practice, or that the plaintiff was not injured thereby (see Swezey v Montague Rehab & Pain Mgt., P.C., 59 A.D.3d 431, 433 [2009...

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