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ZEMSKY v. PROKOFIEVA

805282/16. Appeal No. 12252. Case No. 2019-5091.

187 A.D.3d 686 (2020)

131 N.Y.S.3d 444

2020 NY Slip Op 06227

Jason M. Zemsky et al., Appellants, v. Ann A. Prokofieva, M.D., et al., Respondents, et al., Defendants.

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

Decided October 29, 2020.

Defendants met their prima facie burden of demonstrating the absence of a departure from accepted medical practice through the affirmation of their expert, who opined that they acted appropriately in ruling out testicular torsion and diagnosing plaintiff with epididymitis based on the results of the ultrasound and in discharging plaintiff with medication to treat the epididymitis.

However, plaintiff's expert affirmation...

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