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MIGNOLI v. OYUGI

4426, 116434/05.

82 A.D.3d 443 (2011)

918 N.Y.S.2d 86

MARYANN MIGNOLI, Individually and as Administratrix of the Estate of ANTHONY MIGNOLI, Deceased, et al., Appellants, v. SAMWEL OYUGI, M.D., et al., Respondents.

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

Decided March 3, 2011.

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 (Frye v Montefiore Med. Ctr., 70 A.D.3d 15, 24 [2009]). Here, defendants established their entitlement to judgment as a matter of law by submitting evidence, including the decedent's hospital records, the deposition testimony and the affirmations...

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