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McGONNIGAL v. DEINER

805256/14. Appeal No. 12971. Case No. 2019-05383.

190 A.D.3d 645 (2021)

136 N.Y.S.3d 883

2021 NY Slip Op 00496

Anne-Marie McGonnigal, Appellant, v. Stacie G. Deiner, M.D., Respondent, et al., Defendants.

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

Decided January 28, 2021.

Attorney(s) appearing for the Case

Hasapidis Law Offices, South Salem ( Annette G. Hasapidis of counsel), for appellant.

Wilson Elser Moskowitz Edelman & Dicker LLP, New York ( Judy C. Selmeci of counsel), for respondent.

Concur—Acosta, P.J., Webber, Oing, Scarpulla, JJ.

Defendant Deiner made a prima facie showing that she did not depart from good and accepted standards of medical practice in her treatment of plaintiff, and plaintiff failed to raise an issue of fact in opposition (see e.g. Ramirez v Cruz, 92 A.D.3d 533 [1st Dept 2012]). Defendant's expert anesthesiologist, relying on evidence in the record, opined that defendant correctly monitored plaintiff...

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