BAMBERG-TAYLOR v. STRAUCH

Index No. 304386/08. Appeal No. 13240. Case No. 2020-04569.

192 A.D.3d 401 (2021)

2021 NY Slip Op 01227

142 N.Y.S.3d 537

Yvette Bamberg-Taylor, Appellant, et al., Plaintiff, v. Berish Strauch, M.D., et al., Respondents.

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

Decided March 2, 2021.


Attorney(s) appearing for the Case

Peter H. Paretsky, PLLC, New York ( Peter H. Paretsky of counsel), for appellant.

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

Concur—Gische, J.P., Mazzarelli, González, Mendez, JJ.


Defendants made a prima facie showing of entitlement to judgment as a matter of law in this medical malpractice action. Defendants submitted an affirmation from a medical expert establishing that the treatment provided to the injured plaintiff comported with good and accepted practice, that the nature and extent of the complications were known risks of the procedure, and that the scar on her abdomen, which the examining expert described as a laparoscopy scar, was unrelated...

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