Opinion
2001-04154
Argued February 21, 2002.
March 18, 2002.
In an action to recover damages for medical malpractice, etc., the defendant David G. Schwartz appeals from so much of an order of the Supreme Court, Nassau County (Davis, J.), dated April 5, 2001, as denied his motion for summary judgment dismissing the complaint and all cross claims insofar as asserted against him.
O'Leary O'Leary, Jamaica, N.Y. (Joseph D. Furlong and Steven O'Leary, Jr., of counsel), for appellant.
David S. Pollack, Port Washington, N.Y. (Patricia Holden of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, HOWARD MILLER, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The claims asserted against the appellant are not time-barred (see, CPLR 214-a; Watkins v. Fromm, 108 A.D.2d 233, 237-238).
Moreover, there are questions of fact as to whether the defendant David G. Schwartz was negligent and, if so, whether his negligence was a proximate cause of the decedent's injuries (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Yaniv v. Taub, 256 A.D.2d 273).
ALTMAN, J.P., KRAUSMAN, GOLDSTEIN and H. MILLER, JJ., concur.