AZAM v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION

2011-02923.

98 A.D.3d 595 (2012)

949 N.Y.S.2d 722

2012 NY Slip Op 5952

AKM SHAFIQUL AZAM, as Father and Natural Guardian of NUSRAT JAHAN, an Infant, Appellant, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, Respondent.

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

Decided August 15, 2012.


Ordered that the judgment is reversed, on the law, with costs, the defendant's motion for summary judgment dismissing the complaint is denied, the complaint is reinstated, and the order is modified accordingly.

The defendant made a prima facie showing of its entitlement to judgment as a matter of law by submitting the affirmation of an expert who opined, inter alia, that the defendant did not deviate from accepted standards of care in its treatment of the subject...

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