ISENSEE v. UPSTATE ORTHOPEDICS, LLP

681 CA 19-00231.

174 A.D.3d 1520 (2019)

103 N.Y.S.3d 342

2019 NY Slip Op 05928

Cynthia Isensee et al., Appellants, v. Upstate Orthopedics, LLP, et al., Respondents.

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

Decided July 31, 2019.


It is hereby ordered that the order so appealed from is unanimously affirmed without costs.

Memorandum: In this medical malpractice action, plaintiffs appeal from an order granting defendants' motion for summary judgment dismissing the amended complaint. We affirm.

"[T]o meet [their] initial burden on [their] summary judgment motion in this medical malpractice action, defendant[s] [were] required to `present factual proof, generally consisting of affidavits...

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