Opinion
2001-09338
Argued September 13, 2002.
October 1, 2002.
In an action, inter alia, to recover damages for medical malpractice, etc., the defendant Terry Rifkin appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Cohalan, J.), dated September 28, 2001, as denied his cross motion for summary judgment dismissing the complaint insofar as asserted against him.
Lawrence, Worden Rainis, P.C., Melville, N.Y. (Roger B. Lawrence of counsel), for appellant.
Frank Mitchell Corso, P.C., Jericho, N.Y. (Lorraine P. Falco of counsel), for respondent.
Before: SONDRA MILLER, J.P., STEPHEN G. CRANE, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
ORDERED that the order is affirmed insofar as appealed from, with costs.
The Supreme Court properly denied the appellant's cross motion for summary judgment. After the appellant made out a prima facie case, the affirmations submitted by the plaintiff's experts in opposition raised triable issues of fact (see CPLR 3212; Barone v. Flynn, 284 A.D.2d 422, 423; Campea v. Mitra, 267 A.D.2d 190, 191; Stepanian v. Goldstein, 239 A.D.2d 569, 570; Taylor v. St. Vincent's Medical Center of Richmond, 236 A.D.2d 461, 462; Licausie v. North Shore Orthopedic Group, 232 A.D.2d 612, 613; Seidman v. Booth Memorial Medical Ctr., 202 A.D.2d 490, 491; cf. Holbrook v. United Hosp. Med. Ctr., 248 A.D.2d 358, 359).
S. MILLER, J.P., CRANE, COZIER and RIVERA, JJ., concur.