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EVANS v. ESPOSITO

10323. 21144/11.

177 A.D.3d 432 (2019)

111 N.Y.S.3d 598

2019 NY Slip Op 08138

Joyce Evans, Respondent, v. Darren Esposito, M.D., et al. Appellants, et al., Defendants.

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

Decided November 12, 2019.

Defendants established prima facie, through medical records, deposition testimony, and expert affirmations, that the alleged malpractice was not the proximate cause of any injury to plaintiff (see generally Kristal R. v Nichter, 115 A.D.3d 409, 411 [1st Dept 2014]). In opposition, plaintiff raised issues of fact as to defendants' negligence. Plaintiff's expert affirmed that a fistula such...

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