PICHARDO v. HERRERA-ACEVEDO

2009-07150.

77 A.D.3d 641 (2010)

908 N.Y.S.2d 446

DIGNORAH PICHARDO, as Administratrix of the Estate of DIGNORA COLLADO, Deceased, et al., Respondents, v. LUIS OSCAR HERRERA-ACEVEDO, M.D., Appellant, et al., Defendants.

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

Decided October 5, 2010.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the cross motion of the defendant Luis Oscar Herrera-Acevedo for summary judgment dismissing the complaint insofar as asserted against him is granted.

The appellant established his prima facie entitlement to judgment as a matter of law through expert evidence that his alleged departures from good and accepted medical practice were not the proximate cause of the decedent's injuries...

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