BROWN v. ARNOT MEDICAL CENTER

1050 CA 10-00225.

77 A.D.3d 1384 (2010)

907 N.Y.S.2d 911

TRISHA BROWN, Individually and as Co-Executor of LOYOLA McCORMICK, Deceased, et al., Respondents, v. ARNOT MEDICAL CENTER et al., Defendants, and KEVIN D. O'SHEA, M.D., Appellant.

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

Decided October 1, 2010.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: Kevin D. O'Shea, M.D. (defendant) appeals from an order denying his motion for summary judgment dismissing the complaint in this medical malpractice action. We affirm. Even assuming, arguendo, that defendant met his initial burden on the motion, we conclude that plaintiffs raised issues of fact to defeat the motion by submitting the affidavit of their medical expert...

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