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Barich v. Dobozin

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 2001
287 A.D.2d 426 (N.Y. App. Div. 2001)

Opinion

Argued September 17, 2001.

October 1, 2001.

In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Kings County (Patterson, J.), dated November 20, 2000, which granted the defendants' motion for summary judgment dismissing the complaint.

John DiGiovanna Associates, Brooklyn, N.Y. (Odessa Khalatbari of counsel), for appellants.

Hayes, Finger Wenick, P.C., New York, N.Y. (Carla M. Marino of counsel), for respondents.

Before: FRED T. SANTUCCI, J.P., ANITA R. FLORIO, HOWARD MILLER, SANDRA L. TOWNES, JJ.


ORDERED that the order is affirmed, with costs.

The Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. The defendants made a prima facie showing that they did not depart from accepted medical standards in administering an influenza vaccine to the plaintiff Sylvia Barich and that the injection did not cause her injuries (see, Alicea v. Tuerk, 271 A.D.2d 557; Crisci v. Rastogi, 266 A.D.2d 335). The conclusory allegations of the plaintiffs' medical expert were unsupported by any competent evidence in the record and was insufficient to raise a triable issue of fact (see, Rodney v. North Shore Univ. Hosp., A.D.2d [2d Dept., Aug. 13, 2001]; Fhima v. Maimonides Med. Ctr., 269 A.D.2d 559; James v. Crystal, 267 A.D.2d 429).

SANTUCCI, J.P., FLORIO, H. MILLER and TOWNES, JJ., concur.


Summaries of

Barich v. Dobozin

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 2001
287 A.D.2d 426 (N.Y. App. Div. 2001)
Case details for

Barich v. Dobozin

Case Details

Full title:SYLVIA BARICH, ET AL., appellants, v. BRUCE S. DOBOZIN, ETC., ET AL.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 1, 2001

Citations

287 A.D.2d 426 (N.Y. App. Div. 2001)
730 N.Y.S.2d 864

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