FLORIO v. KOSIMAR

3963, 105178/07.

79 A.D.3d 625 (2010)

915 N.Y.S.2d 42

DOMINIC FLORIO et al., Respondents, v. ARNOLD KOSIMAR, Appellant, et al., Defendants.

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

Decided December 28, 2010.


In this medical and dental malpractice action, the motion court properly denied defendant's motion for summary judgment. To sustain a cause of action for medical malpractice, a plaintiff must prove a deviation or departure from accepted practice and that such departure was a proximate cause of plaintiff's injury (see Frye v Montefiore Med. Ctr., 70 A.D.3d 15, 24 [2009]). Here, the...

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