STUKAS v. STREITER

2008-11623.

83 A.D.3d 18 (2011)

918 N.Y.S.2d 176

ROBERT STUKAS, Appellant, v. MICHAEL STREITER et al., Respondents.

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

Decided March 8, 2011.


Attorney(s) appearing for the Case

Weitz Kleinick & Weitz and Pollack, Pollack, Isaac & De Cicco, New York City ( Brain J. Isaac , Michael H. Zhu and Jillian Rosen , of counsel), for appellant.

Furey, Furey, Leverage, Manzione, Williams & Darlington, P.C., Hempstead ( Valerie Froehlich of counsel), for respondents.

PRUDENTI, P.J., ANGIOLILLO and LOTT, JJ., concur.


OPINION OF THE COURT

LEVENTHAL, J.

The issue presented for our review is whether, in a medical malpractice action where a defendant physician moves for summary judgment and makes only a prima facie showing that he or she did not depart from good and accepted medical practice, the plaintiff, in order to defeat summary judgment, must raise a triable issue of fact not only as to this element of a medical malpractice cause of action, but as to causation as well...

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