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MARTI v. RANA, M.D.

304554/11, 9684, 9683.

173 A.D.3d 576 (2019)

104 N.Y.S.3d 617

2019 NY Slip Op 05011

Wanda Marti, Individually and as Administratrix of the Estate of Stephen Eric Marti, Deceased, et al., Appellants, v. Thakor C. Rana, M.D., et al., Defendants, and Maria Pia DeBlasio, M.D., Respondent.

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

Decided June 20, 2019.

It is undisputed that defendant met her prima facie burden of establishing the absence of a departure from good and accepted medical practice, or that any such departure was not a proximate cause of the decedent's injuries (see Anyie B. v Bronx Lebanon Hosp., 128 A.D.3d 1, 3 [1st Dept 2015]). The affidavit by plaintiffs' expert was insufficient to raise any issues of fact, because it improperly raised a new theory of liability for...

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