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GUIDO v. FIELDING

302654/11.

190 A.D.3d 49 (2020)

134 N.Y.S.3d 34

2020 NY Slip Op 06391

MARIA GUIDO et al., Appellants, v. GEORGE FIELDING, M.D., et al., Respondents, et al., Defendants.

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

Decided November 10, 2020.

Attorney(s) appearing for the Case

Scaffidi & Associates, New York City ( Anthony J. Scaffidi , Robert M. Marino , and Kevin B. Lynch , of counsel), for appellants.

Aaronson Rappaport Feinstein & Deutsch, LLP, New York City ( Elliott J. Zucker , of counsel), for respondents.

OING, SINGH and MENDEZ, JJ., concur.

OPINION OF THE COURT

For the reasons set forth below we find that defendants failed to prove a prima facie case to support summary judgment dismissing plaintiffs' claim. Defendants failed to establish that their expert's opinion was based on admissible habit evidence.

Plaintiff, Maria Guido, suffered a perforation...

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