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EVANS v. NEW YORK & PRESBYT. HOSP.

Index No. 24968/15E. Appeal No. 12797. Case No. 2020-00015.

190 A.D.3d 454 (2021)

135 N.Y.S.3d 649

2021 NY Slip Op 00084

Lorraine Elsie Evans, Appellant, v. New York and Presbyterian Hospital et al., Respondents.

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

Decided January 7, 2021.

Attorney(s) appearing for the Case

Abraham, PLLC, New York ( Joshua E. Abraham of counsel), for appellant.

Martin Clearwater & Bell LLP, New York ( Barbara D. Goldberg of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Kapnick, Moulton, González, Scarpulla, JJ.

Defendants, through submission of an affidavit in which an expert head and neck surgeon averred that defendants' treatment of plaintiff comported with good and accepted medical practice, and that plaintiff's dental injury was a known risk of the procedure, set forth prima facie entitlement to summary judgment (see Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324 [1986]). Plaintiff failed to adduce evidence in opposition, submitting only...

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