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MAVIS SANDERS, ETC., RESPONDENT, v. JAMAICA HOSPITAL, ET AL., DEFENDANTS, LAWRENCE J. MARINO, ETC., APPELLANT.

DECISION ORDER

ORDERED that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment dismissing the complaint insofar as asserted against him is granted, and the complaint is dismissed insofar as asserted against the appellant.

This action arises out of the alleged medical malpractice committed by the defendant Jamaica Hospital and the defendant doctors, including the defendant Lawrence J. Marino, in treating Denise Sanders. Marino made a prima facie showing of his entitlement to summary judgment. The evidence, viewed in the light most favorable to the plaintiff (see, Gonzalez v. Metropolitan Life Ins. Co., 269 A.D.2d 495), does not support a conclusion that any alleged malpractice by Marino was a proximate cause of Ms. Sanders' injuries. In opposition, the plaintiff failed to present sufficient evidence to demonstrate the existence of a material issue of fact (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Kramer v. Rosenthal, 224 A.D.2d 392). Accordingly, Marino is entitled to summary judgment dismissing the complaint insofar as asserted against him (see, Alvarez v. Prospect Hosp., supra; Kramer v. Rosenthal, supra).

In light of the foregoing, we need not reach the appellant's remaining contentions.

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SANDERS v. JAMAICA HOSPITAL
(Feb 5, 2001)