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WEI LIN v. SANG KIM

2016-08343. Index No. 13027/13.

168 A.D.3d 788 (2019)

89 N.Y.S.3d 688

2019 NY Slip Op 00161

Wei Lin et al., Respondents, v. Sang Kim, Appellant.

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

Decided January 9, 2019.

Ordered that the order is affirmed insofar as appealed from, with costs.

In a medical malpractice action, a defendant moving for summary judgment has the burden of establishing, prima facie, either the absence of any departure from good and accepted medical practice, or that any departure was not a proximate cause of the plaintiff's injuries (see Kelly v Rosca, 164 A.D.3d 888, 891 [2018]; Barley v Bethpage Physical Therapy...

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