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METH v. GORFINE, M.D.

34 A.D.3d 267 (2006)

824 N.Y.S.2d 240

FRANCIE METH, Individually and as Executrix of BUDDY METH, Deceased, et al., Respondent, v. STEVEN GORFINE, M.D., et al., Appellants, et al., Defendant.

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

Decided November 14, 2006.

In this medical malpractice action alleging, inter alia, failure to diagnose plaintiff's pelvic cancer, the individual defendants failed to meet their burden, on summary judgment, of eliminating material issues of fact for trial (see Winegrad v New York Univ. Med. Ctr., 64 N.Y.2d 851 [1985]). Thus, the burden never shifted to plaintiffs to submit evidentiary facts or material raising a triable issue of fact (see Alvarez v Prospect...

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