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ESTATE OF MARIA MOLLO, ETC., APPELLANT, v. IVAN ROTHMAN, ET AL., RESPONDENTS.

ORDERED that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The defendants established through competent medical affidavits and deposition testimony that they did not contribute to or proximately cause the decedent's death (see, Amsler v. Verrilli, 119 A.D.2d 786). Thus, the Supreme Court properly determined that the defendants made a prima facie showing of entitlement to summary judgment.

The affidavit of the plaintiff's expert, submitted in opposition, failed to raise a triable issue of fact that the defendants' omissions or departures were a competent producing cause of death (see, Yasin v. Manhattan Eye, Ear Throat Hosp., 254 A.D.2d 281; Domaradzki v. Glen Cove OB/GYN Assocs., 242 A.D.2d 282; Gross v. Friedman, 138 A.D.2d 571, affd 73 N.Y.2d 721). The affidavit contained only bare conclusory allegations and assumed material facts not supported by the evidence (see, Tucker v. Elimelech, 184 A.D.2d 636). As the plaintiff failed to rebut the defendants' prima facie showing of entitlement to summary judgment, the complaint was properly dismissed.

RITTER, J.P., FRIEDMANN, H. MILLER and CRANE, JJ., concur.

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ESTATE OF MOLLO v. ROTHMAN
(Jun 4, 2001)