Opinion
182
February 18, 2003.
Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered March 21, 2002, which, in an action for medical malpractice, denied defendant hospitals' motions for summary judgment dismissing the complaint as against them, and granted the motion of defendants health insurer and its employees for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.
DAVID B. TURRET, for Plaintiffs-Respondents-Appellants.
CHARLES J. MOERDLER, for Defendants-Respondents.
TIMOTHY K. GIBBONS and RICHARD E. LERNER, for Defendants-Appellants.
Before: Nardelli, J.P., Mazzarelli, Buckley, Williams, JJ.
Plaintiffs' medical expert's affidavit raises issues of fact as to whether defendants hospitals departed from accepted standards of care, and, if so, whether such departures exacerbated the injury (see Lambos v. Weintraub, 246 A.D.2d 356, 357-358). However, no genuine issues of fact are raised as to whether the insurer defendants contributed to the alleged delay in transferring the infant plaintiff to a hospital equipped to treat his condition, as the record shows his removal was promptly approved.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.