The defendant-doctor establishes prima facie entitlement to dismissal of the claim by showing that either (i) in treating the plaintiff there was no departure from good and accepted medical practice, or (ii) any departure was not the proximate cause of the plaintiff' injuries. Failure to make this showing requires denial of the motion, regardless of the sufficiency of the opposing papers.
Bahnyuk v. Reed, NY Slip Op 05839 (1st Dep't July 30, 2019)
Here is the decision.
