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HASKINS v. SOMROV

9728, 303536/15E.

175 A.D.3d 1144 (2019)

105 N.Y.S.3d 877

2019 NY Slip Op 06458

Michelle Haskins, Respondent, v. Serge Somrov et al., Appellants.

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

Decided September 10, 2019.

Attorney(s) appearing for the Case

Kaufman Borgeest & Ryan LLP, Valhalla ( Jacqueline Mandell of counsel), for Serge Somrov, M.D., appellant.

McAloon & Friedman, P.C., New York ( Gina Bernardi Di Folco of counsel), for Bronx Lebanon Hospital Center, appellant.

Arnold E. DiJoseph, P.C., New York ( Arnold E. DiJoseph, III of counsel), for respondent.

Concur—Gische, J.P., Tom, Kapnick, Kern, Moulton, JJ.

Contrary to defendants' contentions, the opinions set forth by plaintiff's expert, Dr. Ira Mehlman, raised a triable issue of fact as to whether their acts or omissions caused plaintiff's injuries because those opinions were neither conclusory nor speculative (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324-325 [1986]). Although defendants argue that Dr. Mehlman failed to address certain opinions set forth by their experts, those...

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