BURKE v. BEYER

8444, 6232/06.

100 A.D.3d 425 (2012)

953 N.Y.S.2d 207

KYLE BURKE, Individually and as Administrator of the Estate of MYRNAH BURKE, Deceased, Appellants, v. PAUL BEYER, D.O., et al., Respondents, et al., Defendants.

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

November 8, 2012.


Defendants established their entitlement to judgment as a matter of law. Defendants submitted evidence showing that their treatment of decedent did not depart from accepted standards of medical practice and that any alleged departure did not proximately cause decedent's death within hours of her admission to the hospital (see generally Frye v Montefiore Med. Ctr., 70 A.D.3d 15, 24 [1st Dept 2009]). The evidence demonstrates that...

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