BREITMAN v. DENNETT

3374, 105789/07.

77 A.D.3d 498 (2010)

910 N.Y.S.2d 51

RACHEL BREITMAN, Respondent, v. JAY A. DENNETT, M.D., Appellant.

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

Decided October 19, 2010.


Defendant dermatologist failed to establish his prima facie entitlement to judgment as a matter of law in this action alleging medical malpractice. Defendant submitted an affidavit which stated that during his treatment of plaintiff, he did not deviate from good and accepted medical practices. However, it failed to address plaintiff's essential factual allegations, namely, whether the keloid defendant treated was or was not the same lesion that proved to be cancerous (

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