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ECHEVARRIA v. BERNSTEIN

Index No. 24045/13E. Appeal Nos. 14871-14871A. Case Nos. 2021-01399, 2021-01403.

200 A.D.3d 575 (2021)

155 N.Y.S.3d 760

2021 NY Slip Op 07079

Pedro Echevarria, as Administrator of the Estate of Jeremy Echevarria, Deceased, Appellant, v. Larry Bernstein, M.D., et al., Respondents.

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

Decided December 21, 2021.

Attorney(s) appearing for the Case

Krentsel Guzman Herbert, LLP, New York ( Marcia K. Raicus of counsel), for appellant.

Kaufman Borgeest & Ryan LLP, Valhalla ( David Bloom of counsel), for respondents.

Concur—Kapnick, J.P., Friedman, González, Rodriguez, Pitt, JJ.

In opposition to defendants' prima facie showing that they did not depart from the applicable standard of medical care in treating the decedent, plaintiff failed to raise an issue of fact (see Edmund v Albert Einstein Hosp., 118 A.D.3d 578, 579 [1st Dept 2014], lv denied 27 N.Y.3d 910 [2016]). His expert presented no nonspeculative basis for a finding that any act or omission of defendants...

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