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ROBIN BASTIN, Indi v. dually and as Limited Administratrix of the Estate of DENNIS BASTIN, Deceased, Respondent,

Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of Ronald R. Flores, M.D. and Harold S. Ross, M.D. (defendants) for summary judgment dismissing the complaint in this medical malpractice action. Defendants failed to meet their initial burden by their conclusory statements that their treatment of plaintiff's decedent did not deviate from accepted standards of care ( see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324; Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853). Contrary to defendants' contention, plaintiff alleged that defendants deviated from accepted standards of practice in their respective fields of medicine, and did not allege that they failed to exercise the degree of skill and care of specialists in psychiatry or neurology. Finally, even assuming, arguendo, that defendants met their initial burden, we conclude that the affirmation of plaintiff's expert raised a triable issue of fact whether defendants' alleged negligence was a proximate cause of decedent's death ( see generally, Derdiarian v. Felix Contr. Corp., 51 N.Y.2d 308, 315, rearg denied 52 N.Y.2d 784).

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BASTIN v. SOLDIERS SAILORS HOSPITAL
(Feb 10, 1999)