Appellate Division of the Supreme Court of the State of New York December 22, 1995 (Cegielski v. St. Francis Home)

—Judgment unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant’s motion to dismiss at the close of proof. Contrary to defendant’s contention, expert testimony was not required to establish a prima facie case because this case involves ordinary negligence, not medical malpractice (see, Kerker v Hurwitz, 163 AD2d 859, remittitur amended 166 AD2d 931; see generally,