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Atkins v. Piazza

281 A.D.2d 884 Court N.Y. App. Div. Decision date 2001-03-21 English

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p. 884
Richard D. Atkins et al., Respondents, v Jacob J. Piazza, M.D., et al., Defendants, and Mian A. Majeed, M.D., et al., Appellants.
[722 NYS2d 196]

—Order unanimously affirmed without costs. Memorandum: We affirm for reasons stated in the decision at Supreme Court. We add only that, assuming, arguendo, that defendants Mian A. Majeed, M.D. and West-field Memorial Hospital made a prima facie showing that any negligence on their part was not a proximate cause of the injury to plaintiff Richard D. Atkins, we conclude that the affidavit of plaintiffs’ expert raises a triable question of fact on that issue (see, Bastin v Soldiers & Sailors Hosp., 258 AD2d 922 ). (Appeals from Order of Supreme Court, Chautauqua County, Martoche, J. — Summary Judgment.) Present — Pine, J. P., Hurl-butt, Scudder, Kehoe and Burns, JJ.

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