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Donna Bubeck, Respondent, v. Main Urology Associates, P. C., et al., Appellants

New York Supreme Court, Appellate Division1997-09-30
242 A.D.2d 905665 N.Y.S.2d 371

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Opinion

majority opinion

Order and judgment unanimously affirmed without costs. Memorandum: We conclude that the affidavit of plaintiffs medical expert establishes the existence of triable issues of fact concerning defendants’ alleged medical malpractice (see, Menzel v Plotnick, 202 AD2d 558, 559). (Appeals from Order and Judgment of Supreme Court, Erie County, Mintz, J.—Summary Judgment.) Present—Green, J. P., Pine, Wisner, Balio and Fallon, JJ.