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KELLEY v. KINGSBROOK JEWISH MED. CTR.

2011-08927.

100 A.D.3d 600 (2012)

953 N.Y.S.2d 276

LOIS KELLEY, Respondent, v. KINGSBROOK JEWISH MEDICAL CENTER et al., Defendants, and SUSAN SCHNEIDERMESSER et al., Appellants.

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

November 7, 2012.

Ordered that the order is affirmed insofar as appealed from, with costs.

"A defendant physician moving for summary judgment in a medical malpractice action has the initial burden of establishing, prima facie, either the absence of any departure from good and accepted medical practice or that any departure was not the proximate cause of the alleged injuries" (Shichman v Yasmer, 74 A.D.3d 1316, 1318 [2010]). If the defendant...

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