| Adjetey v New York City Health & Hosps. Corp. |
| 2009 NY Slip Op 05073 [63 AD3d 865] |
| June 16, 2009 |
| Appellate Division, Second Department |
| Miles Adjetey, Respondent, v New York City Health andHospitals Corporation et al., Appellants. |
—[*1] Kramer & Pollack, Mineola, N.Y. (Larry J. Kramer of counsel), for respondent.
In an action, inter alia, to recover damages for medical malpractice, the defendants appealfrom an order of the Supreme Court, Kings County (Levine, J.), dated January 25, 2008, whichdenied their motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The defendants established their prima facie entitlement to judgment as a matter of law bysubmitting expert affidavits which demonstrated that they did not depart from good and acceptedmedical practice in their treatment of the plaintiff, and that, in any event, their treatment was nota proximate cause of the plaintiff's injuries (see Alvarez v Prospect Hosp., 68 NY2d 320,324 [1986]). In opposition, however, the plaintiff submitted affirmations of two experts whichwere sufficient to raise triable issues of fact as to whether the defendants departed from good andaccepted medical practice and whether such departures were a proximate cause of the plaintiff'sinjuries (see Boutin v Bay Shore Family Health Ctr., 59 AD3d 368 [2009]; Roca vPerel, 51 AD3d 757, 759 [2008]). Summary judgment may not be awarded in a medicalmalpractice action where the parties adduce conflicting opinions of medical experts (seeShields v Baktidy, 11 AD3d 671, 672 [2004]; Barbuto v Winthrop Univ. Hosp., 305AD2d 623, 624 [2003]). Accordingly, the defendants' motion for summary judgment dismissingthe complaint was properly denied. Fisher, J.P., Dickerson, Eng and Hall, JJ., concur.