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CARLTON v. ST. BARNABAS HOSPITAL

6634, 8989/01, 83905/09

91 A.D.3d 561 (2012)

937 N.Y.S.2d 57

2012 NY Slip Op 470

SHAMONA CARLTON, as Administratrix of the Estate of DARREL CARLTON, Deceased, Appellant, v. ST. BARNABAS HOSPITAL, Respondent/Third-Party Plaintiff-Respondent, et al., Defendants. MALSUK PARK, M.D., et al., Third-Party Defendants-Respondents.

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

Decided January 26, 2012.

Third-party defendants made a prima facie showing—based on hospital records, deposition testimony and the affirmations of experts—that their treatment of plaintiff's late husband comported with good and accepted medical practice. Contrary to plaintiff's contention, the emergency medical physician's opinions were not conclusory (cf. Wasserman v Carella, 307 A.D.2d 225, 226 [2003]). In addition, plaintiff failed to preserve...

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