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McKENZIE v. CLARKE

2009-03204.

77 A.D.3d 637 (2010)

908 N.Y.S.2d 370

MONEE McKENZIE, an Infant, by Her Mother and Natural Guardian, SIMONA GRAHAM, Respondent, v. HEATHER CLARKE et al., Defendants, and LOUIS D. CAMILIEN, Appellant.

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

Decided October 5, 2010.

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

The appellant established his prima facie entitlement to judgment as a matter of law by submitting expert affirmations which demonstrated that he did not depart from good and accepted medical practice in his treatment of the plaintiff, and that his treatment was not a proximate cause of the plaintiff's injuries (see Alvarez v Prospect Hosp.,...

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