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AKEL v. GERARDI

Index No. 805364/15. Appeal No. 14766. Case No. 2021-01167.

200 A.D.3d 445 (2021)

159 N.Y.S.3d 399

2021 NY Slip Op 06792

Alexander Akel, Respondent, v. Leonard Gerardi, M.D., et al., Appellants.

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

Decided December 7, 2021.

Attorney(s) appearing for the Case

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

Rubin Law, PLLC, New York ( Denise A. Rubin of counsel), for respondent.

Concur—Renwick, J.P., Mazzarelli, Singh, Mendez, Higgitt, JJ.

Defendant established prima facie that he exercised his "`best judgment'" in accord with good and accepted practice by electing intraoperatively to repair plaintiff's mitral valve with an edge-to-edge repair, also known as an Alfieri stitch, rather than performing an annuloplasty ring repair (see Nestorowich v Ricotta, 97 N.Y.2d 393, 398 [2002]). His expert cardiothoracic surgeon opined that defendant properly prioritized the repair...

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