Avacato v. Mount Sinai Medical Center

277 A.D.2d 32, 715 N.Y.S.2d 146, 2000 N.Y. App. Div. LEXIS 11250

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 9, 2000
• Status: Published

Opinion

—Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered May 17, 2000, which, in an action to recover for alleged medical malpractice, denied defendants-appellants’ motion for summary judgment, unanimously affirmed, without costs.

The affidavit of plaintiffs expert, in conjunction with the relevant hospital records, was sufficient to raise triable issues as to whether defendants had, in fact, properly and timely diagnosed and treated the decedent’s condition in accordance with the accepted standard of medical care (compare, Alvarez v Prospect Hosp., 68 NY2d 320). Concur — Sullivan, P. J., Rosenberger, Williams, Ellerin and Buckley, JJ.