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KITT v. OKONTA

2009, 300414/10.

143 A.D.3d 601 (2016)

2016 NY Slip Op 06955

39 N.Y.S.3d 456

PATRINA KITT, as Administratrix of the Estate of CHMAAR KITT SCOTT, Deceased, Respondent, v. BENJAMIN OKONTA, M.D., et al., Defendants, and BROOKHAVEN REHABILITATION & HEALTH CARE CENTER, Appellant.

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

Decided October 25, 2016.

Although Brookhaven made a prima facie showing that it did not depart from good and accepted medical practices (see Lopez v Gramuglia, 133 A.D.3d 424, 425 [1st Dept 2015]; Matos v Khan, 119 A.D.3d 909, 910 [2d Dept 2014]), the report of plaintiff's medical expert raised triable issues of fact as to whether there was a departure and whether any departure was a proximate cause of decedent...

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