Opinion
July 12, 1996
Appeal from the Supreme Court, Monroe County, Bergin, J.
Present — Denman, P.J., Lawton, Wesley, Doerr and Balio, JJ.
Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting plaintiffs' motion for partial summary judgment. The conflicting affidavits of experts regarding the accepted standard of medical care and whether defendant physician complied with that standard present credibility issues that cannot be resolved on a motion for summary judgment ( see, Capelin Assocs. v. Globe Mfg. Corp., 34 N.Y.2d 338, 341; Luthart v. Danesh [appeal No. 2], 201 A.D.2d 930). Further, factual issues exist whether the postoperative complication requiring further surgery was caused by the alleged negligence of defendant.