Opinion
March 9, 1998
Appeal from the Supreme Court, Queens County (Milano, J.).
Ordered that the order is affirmed, with one bill of costs.
The Supreme Court correctly denied the appellants' respective motions for summary judgment dismissing the plaintiff's cause of action for wrongful death. Although a properly certified death certificate is "prima facie evidence in all courts of the facts therein stated" (Public Health Law § 4103; see, Anderson v. Commercial Travelers Mut. Ins. Co., 73 A.D.2d 769; Gioia v. State of New York, 22 A.D.2d 181, 184), the decedent's death certificate failed to establish prima facie that the appellants' alleged negligence was not a proximate cause of his death ( see, Derdiarian v. Felix Contr. Co., 51 N.Y.2d 308).
The appellants' remaining contention is without merit.
Rosenblatt, J. P., Sullivan, Joy, Altman and Luciano, JJ., concur.