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BERAS v. CUSHNER

Index No. 27187/16. Appeal No. 14328. Case No. 2020-03876.

198 A.D.3d 453 (2021)

152 N.Y.S.3d 573

2021 NY Slip Op 05454

Erasmo Montero Beras, Appellant, v. Fred Cushner, M.D., Respondent.

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

Decided October 12, 2021.

Attorney(s) appearing for the Case

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

Aaronson Rappaport Feinstein & Deutsch, LLP, New York ( Elliott J. Zucker of counsel), for respondent.

Concur—Renwick, J.P., Kern, Oing, Mendez, Rodriguez, JJ.

On his motion for summary judgment, defendant established prima facie that in performing plaintiff's left total knee replacement he did not depart from good and accepted medical practice (see Anyie B. v Bronx Lebanon Hosp., 128 A.D.3d 1, 3 [1st Dept 2015]). Defendant's expert opined, based on his review of the record, that defendant properly used intraoperative technique in using a femur...

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