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ARCHER v. HAERI

2010-10942.

91 A.D.3d 685 (2012)

936 N.Y.S.2d 559

2012 NY Slip Op 314

HERBERT ARCHER, Respondent, v. FARHAD HAERI et al., Appellants. (And a Third-Party Action.)

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

Decided January 17, 2012.

Ordered that the order is affirmed, with costs.

Contrary to the defendants' contention, the Supreme Court properly denied their motion for summary judgment dismissing the complaint. In order to establish liability for professional malpractice, a plaintiff must prove that the defendants deviated or departed from accepted community standards of practice and that such departure was a proximate cause of the plaintiff's injuries (see Stukas v Streiter,

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