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FLORES v. NEW YORK CITY HEALTH & HOSPS. CORP.

Index No. 27869/18E. Appeal No. 15735. Case No. 2021-04810.

204 A.D.3d 513 (2022)

167 N.Y.S.3d 72

2022 NY Slip Op 02507

Luis Flores, as Proposed Administrator of the Estate of Juan Flores, Deceased, et al., Appellants, v. New York City Health and Hospitals Corporation, Defendant, and New York City et al., Respondents.

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

Decided April 19, 2022.

Attorney(s) appearing for the Case

Diamond and Diamond LLC, Brooklyn (Stuart Diamond, of counsel) for appellants.

Sylvia O. Hinds-Radix, Corporation Counsel, New York (Zachary S. Shapiro of counsel), for respondents.

Concur—Gische, J.P., Webber, Scarpulla, Rodriguez, Higgitt, JJ.

Defendants established prima facie, through an expert affirmation supported by the record evidence, that their treatment of the decedent before he was admitted to Bellevue Hospital on September 14, 2017, did not depart from good and accepted medical practice and was not a proximate cause of the decedent's injuries. In opposition, plaintiffs failed to raise an issue of fact. Plaintiffs' expert cardiologist opined in conclusory fashion that the decedent's chest pain following...

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