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LASSALA v. RUSSELL

453086/17. Appeal No. 14839. Case No. 2020-03993.

200 A.D.3d 522 (2021)

158 N.Y.S.3d 100

2021 NY Slip Op 06952

Janet Lassala Administrator of the Estate of Basilio Montilla, Deceased, Respondent, v. Stephen Russell, M.D., et al., Appellants.

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

Decided December 14, 2021.

Attorney(s) appearing for the Case

James E. Johnson , Corporation Counsel, New York ( Claibourne Henry of counsel), for appellants.

Deutsch Law, PC, Scarsdale ( Laurence M. Deutsch of counsel), for respondent.

Concur—Kern, J.P., Kennedy, Scarpulla, Mendez, Shulman, JJ.

The motion court properly denied defendants' motion for summary judgment as to the claims which are the subject of this appeal on the ground that there are issues of fact regarding whether defendants departed from good and accepted medical practice in their treatment of decedent and whether defendants' departures proximately caused decedent harm (see generally Roques v Noble, 73 A.D.3d 204, 206-207 [1st Dept 2010]; Bradley v Soundview...

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