HEALY v. SPECTOR

ORDERED that the judgment is affirmed, with costs.

When considering whether a plaintiff has established a prima facie case, the evidence must be viewed in the light most favorable to the plaintiff and all issues of credibility must be resolved in the plaintiff's favor. In a medical malpractice case, a plaintiff must offer sufficient evidence from which a reasonable person may conclude that it is more probable than not that the injury was caused by the defendant (see, Minelli v. Good Samaritan Hosp., 213 A.D.2d 705).

The plaintiffs' experts admitted that there was no way of knowing when the injury occurred to the infant plaintiff, and that it could have occurred before the defendant's treatment. Thus, the evidence was insufficient for a reasonable person to conclude that it was more probable than not that the injury was caused by the defendant. Any such finding would be based on speculation (see, Nallan v. Helmsley-Spear, Inc., 50 N.Y.2d 507; Minelli v. Good Samaritan Hosp., supra).

S. MILLER, J.P., SMITH, CRANE and COZIER, JJ., concur.