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MONGE v. QUEENS-LONG ISLAND MEDICAL GROUP, P.C.

55 A.D.3d 341 (2008)

865 N.Y.S.2d 71

GLORIA ESTHER MONGE, as Administratrix of the Estate of ANTONIO NEGRON, Deceased, et al., Appellants, v. QUEENS-LONG ISLAND MEDICAL GROUP, P.C., et al., Respondents, et al., Defendants.

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

October 7, 2008.

The submissions by QLIMG and Quijano, including deposition transcripts, medical records and expert affirmations, established a prima facie defense to this medical malpractice action, entitling them to summary judgment if not rebutted (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). In reaching their conclusions, the experts properly relied on the deceased plaintiff's medical records and history. In contrast, plaintiffs' expert...

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