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VARGAS v. BHALODKAR

No. 20036/14E. Appeal No. 15774. Case No. 2021-03142.

204 A.D.3d 556 (2022)

165 N.Y.S.3d 281

2022 NY Slip Op 02645

Francisco Vargas, Respondent, v. Narenda Bhalodkar M.D. et al., Defendants, and Sherry Megalla M.D. et al., Appellants.

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

Decided April 21, 2022.

Attorney(s) appearing for the Case

Shaub, Ahmuty, Citrin & Spratt LLP, Lake Success (Nicholas Tam of counsel), for appellants.

Michelstein & Ashman, PLLC, New York (Robert F. Rich, Jr. of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Singh, Kennedy, Mendez, JJ.

Plaintiff did not adduce the opinion of a qualified expert and thus failed to rebut defendants' prima facie showing of their entitlement to summary judgment (see Bartolacci-Meir v Sassoon, 149 A.D.3d 567, 571-572 [1st Dept 2017]). Plaintiff's expert, an internist and gastroenterologist with no apparent training or knowledge in cardiology, did not set forth sufficient qualifications to opine on whether Dr. Megalla deviated from the...

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