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IRENE HALIKIOPOULOS, ET AL., appellants, v. NEW YORK HOSPITAL MEDICAL CENTER OF QUEENS, respondent, et al., defendants.

DECISION ORDER

ORDERED that the order is affirmed, with costs.

In opposition to the prima facie demonstration by the defendant New York Hospital Medical Center of Queens (hereinafter the NYHMCQ) of its entitlement to judgment as a matter of law, the plaintiffs failed to raise a triable issue of fact that the NYHMCQ departed from good and accepted medical practice in its treatment of the plaintiff Irene Halikiopoulos and that such a departure was a proximate cause of the damages alleged ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Prestia v. Mathur, 293 A.D.2d 729; Berger v. Becker, 272 A.D.2d 565). Moreover, the plaintiffs failed to raise a triable issue of fact as to the application of the doctrine of res ipsa loquitur ( see Kambat v. St. Francis Hosp., 89 N.Y.2d 489).

RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.

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HALIKIOPOULOS v. NEW YORK HOSPITAL MEDICAL CTR
(Feb 2, 2004)