| Newport v Rogosin Inst. |
| 2010 NY Slip Op 02114 [71 AD3d 856] |
| March 16, 2010 |
| Appellate Division, Second Department |
| Florence E. Newport, Appellant, v Rogosin Institute et al.,Respondents. |
—[*1] Keller, O'Reilly & Watson, P.C., Woodbury, N.Y. (Nicholas R. Capece, Jr., of counsel), forrespondents.
In an action, inter alia, to recover damages for wrongful death, etc., the plaintiff appeals froman order of the Supreme Court, Queens County (Donoghue, J.), dated January 6, 2009, whichgranted the defendants' motion for summary judgment dismissing so much of the complaint assought to recover damages for wrongful death.
Ordered that the order is affirmed, with costs.
The defendants made a prima facie showing of entitlement to judgment as a matter of law(see Alvarez v Prospect Hosp., 68 NY2d 320, 324 [1986]; Winegrad v New YorkUniv. Med. Ctr., 64 NY2d 851, 853 [1985]) by submitting evidence that any departure fromgood and accepted medical practice on their part did not proximately cause the deaths of theplaintiff's decedents (see White vSouthside Hosp., 5 AD3d 677 [2004]). In opposition, the plaintiff failed to raise atriable issue of fact (see Alvarez v Prospect Hosp., 68 NY2d at 324). Accordingly, theSupreme Court, properly granted the defendants' motion for summary judgment dismissing somuch of the complaint as sought to recover damages for wrongful death. Covello, J.P., Miller,Dickerson and Belen, JJ., concur.