ORSI v. HARALABATOS

2010-09399.

89 A.D.3d 997 (2011)

934 N.Y.S.2d 195

2011 NY Slip Op 8570

KEITH ORSI et al., Respondents, v. SUSAN HARALABATOS et al., Appellants, et al., Defendants.

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

Decided November 22, 2011.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the motion of the defendants Susan Haralabatos and Stony Brook Orthopaedic Associates for summary judgment dismissing the complaint insofar as asserted against them is granted.

"`The essential elements of medical malpractice are (1) a deviation or departure from accepted medical practice, and (2) evidence that such departure was a proximate cause of injury'" (Barnett v Fashakin...

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