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HAIM KOHL, Plaintiff–Appellant, v. MEMORIAL SLOAN KETTERING CANCER CENTER, et al., Defendants–Respondents.
Haim Kohl, appellant pro se.
Furman Kornfeld & Brennan LLP, New York (Megan B. Feinberg of counsel), for respondents.
Order, Supreme Court, New York County (John J. Kelley, J.), entered March 26, 2024, which denied plaintiff's motion to strike the affidavit of defendants' medical expert and granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
The court properly granted defendants' motion for summary judgment dismissing plaintiff's medical malpractice action. Defendants satisfied their prima facie burden through expert testimony that they did not depart from the applicable standard of care and did not proximately cause plaintiff's alleged injuries (see Ducasse v New York City Health & Hosps. Corp., 148 AD3d 434, 435 [1st Dept 2017]; Mulligan v. New York Cornell Med. Ctr., 304 A.D.2d 492, 493 [1st Dept 2003] ). In opposition, plaintiff failed to raise a triable issue of fact.
The court also properly denied plaintiff's motion to strike the affidavit of defendants' expert. Plaintiff's arguments with respect to the motion to strike are without merit.
We have considered plaintiff's additional arguments and find them unavailing.
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Docket No: Index No. 101008 /20
Decided: March 19, 2026
Court: Supreme Court, Appellate Division, First Department, New York.
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