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SCARPATI v. KIM

2013-02349, Index No. 101118/08.

124 A.D.3d 866 (2015)

DENISE SCARPATI, Respondent-Appellant, v. HELEN H. KIM, M.D., et al., Respondents, and STATEN ISLAND UNIVERSITY HOSPITAL, Appellant-Respondent.

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

Decided January 28, 2015.

Ordered that the order is affirmed insofar as appealed and cross-appealed from, without costs or disbursements.

Contrary to the contention of the defendant Staten Island University Hospital (hereinafter SIUH), the evidence was legally sufficient to support the jury's finding that Jonathan Beitler, a doctor employed by SIUH, departed from accepted medical practice in his treatment of the plaintiff, and that the departure was a proximate cause of the plaintiff's injuries...

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