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BERGER v. HALE

2009-11503.

81 A.D.3d 766 (2011)

916 N.Y.S.2d 831

CHRISTINA G. BERGER et al., Respondents, v. THEODORE HALE et al., Appellants.

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

Decided February 15, 2011.

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

The defendant Theodore Hale established his prima facie entitlement to judgment as a matter of law by adducing expert opinion evidence that he did not deviate from the relevant standards of practice (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). In opposition, the plaintiffs submitted an affidavit of an expert which was sufficient to...

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