GIACINTO v. SHAPIRO

2015-05373. Index No. 52228/12.

151 A.D.3d 1029 (2017)

59 N.Y.S.3d 42

2017 NY Slip Op 05203

BENITO GIACINTO, Individually and as Administrator of the Estate of LUCIA GIACINTO, Deceased, Appellant, v. GEORGE SHAPIRO, M.D., et al., Respondents, et al., Defendants.

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

Decided June 28, 2017.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable to the respondents appearing separately and filing separate briefs.

"`In an action sounding in medical malpractice, a defendant moving for summary judgment must make a prima facie showing either that there was no departure from accepted medical practice, or that any departure was not a proximate cause of the plaintiff's injuries'" (Guctas v Pessolano,

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