Appellate Division of the Supreme Court of New York, 2000

Avacato v. Mount Sinai Medical Center

Avacato v. Mount Sinai Medical Center
Appellate Division of the Supreme Court of New York · Decided November 9, 2000
277 A.D.2d 32; 715 N.Y.S.2d 146; 2000 N.Y. App. Div. LEXIS 11250
Avacato v. Mount Sinai Medical Center

Opinion of the Court

—Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered May 17, 2000, which, in an action to recover for alleged medical malpractice, denied defendants-appellants’ motion for summary judgment, unanimously affirmed, without costs.

The affidavit of plaintiffs expert, in conjunction with the relevant hospital records, was sufficient to raise triable issues as *33to whether defendants had, in fact, properly and timely diagnosed and treated the decedent’s condition in accordance with the accepted standard of medical care (compare, Alvarez v Prospect Hosp., 68 NY2d 320). Concur — Sullivan, P. J., Rosenberger, Williams, Ellerin and Buckley, JJ.

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