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In an action to recover damages for medical malpractice, the Appellate Division, Second Judicial Department, in accordance with M&H's arguments on appeal, held that the defendant's expert had failed to establish, prima facie, that he did not depart from good and accepted medical practice, or that any departure was not a proximate cause of the plaintiff's injuries. In so holding, the Appellate Division found that the defendant's expert had merely summarized the medical records and certain deposition testimony, and opined in a conclusory manner that there were no departures from good and accepted medical practice.

Lin v. Kim, et al.