Practice point: Plaintiff must prove that defendant deviated from accepted community standards of practice, and that this was the proximate cause of the injury.
Students should note that conclusory and unsupported allegations tending to establish the elements will not defeat defendant's summary judgment motion.
Salvia v. St. Catherine of Sienna Med. Ctr., NY Slip Op 04227 (2d Dept. 2011).
Tomorrow's issue is Labor Law.
