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KLEIN v. ARGOFF

2011-11313.

101 A.D.3d 1090 (2012)

956 N.Y.S.2d 560

2012 NY Slip Op 9035

BARRY KLEIN et al., Respondents, v. CHARLES E. ARGOFF et al., Defendants, and STEVEN SCHNEIDER, Appellant.

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

December 26, 2012.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and that branch of the motion of the defendant Steven Schneider which was for summary judgment dismissing the cause of action to recover damages for medical malpractice insofar as asserted against him is granted.

"`The essential elements of medical malpractice are (1) a deviation or departure from accepted medical practice, and (2) evidence...

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