Bubeck v. Main Urology Associates, P. C.

Order and judgment unanimously affirmed without costs. Memorandum: We conclude that the affidavit of plaintiffs medical expert establishes the existence of triable issues of fact concerning defendants’ alleged medical malpractice (see, Menzel v Plotnick, 202 AD2d 558, 559). (Appeals from Order and Judgment of Supreme Court, Erie County, Mintz, J.—Summary Judgment.) Present—Green, J. P., Pine, Wisner, Balio and Fallon, JJ.