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GOLDSON v. MANN

9520, 21551/15E.

173 A.D.3d 410 (2019)

102 N.Y.S.3d 184

2019 NY Slip Op 04329

Gail Goldson, Respondent, v. Ronald Mann, Appellant.

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

Decided June 4, 2019.

Defendant failed to meet his prima facie burden of demonstrating that he did not depart from good and accepted medical practice in examining plaintiff during an independent medical examination (IME), or that any such departure was not a proximate cause of plaintiff's injury to her left shoulder (see Scalisi v Oberlander, 96 A.D.3d 106, 120 [1st Dept 2012]). Defendant's expert affirmation, which relied on defendant's testimony regarding...

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