Opinion
June 18, 1998
Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).
Plaintiff correctly concedes on this appeal that the hospital defendant established its prima facie entitlement to summary judgment in this medical malpractice action. The physician defendant, Dr. Ottaviano, admitted that he alone performed the colonoscopy that resulted in plaintiff's injury and the hospital presented. additional evidence corroborating this. However, plaintiff incorrectly asserts that she established a triable issue of fact as to whether one of the hospitals residents performed or participated in the procedure. Under the circumstances, her evidence, which consisted of Dr. Ottaviano's testimony regarding the possible presence of a Chinese resident as well as her testimony and the affidavit of her friend that a Chinese "student" or "doctor" was present and that Dr. Ottaviano allegedly stated that "we had an accident", was not sufficient to raise a factual issue as to whether someone other than Dr. Ottaviano performed the procedure. Thus, the hospital should have been granted summary judgment ( see, Forray v. New York Hosp., 101 A.D.2d 740; Latiff v. Wyckoff Hgts. Hosp., 144 A.D.2d 650; Megginson v. Rose, 121 A.D.2d 608).
Concur — Sullivan, J. P., Rosenberger, Williams and Tom, JJ.