Opinion
2003-02855.
Decided February 2, 2004.
In an action to recover damages for medical malpractice, etc., the plaintiffs appeal from an order of the Supreme Court, Queens County (Golar, J.), dated January 16, 2003, which granted the motion of the defendant New York Hospital Medical Center of Queens for summary judgment dismissing the complaint insofar as asserted against it.
Ginsberg Katsorhis, P.C., Flushing, N.Y. (Jeffrey P. Brodsky of counsel), for appellants.
Vardaro Helwig, Smithtown, N.Y. (Rosemary E. Martinson of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, DANIEL F. LUCIANO and SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the order is affirmed, with costs.
In opposition to the prima facie demonstration by the defendant New York Hospital Medical Center of Queens (hereinafter the NYHMCQ) of its entitlement to judgment as a matter of law, the plaintiffs failed to raise a triable issue of fact that the NYHMCQ departed from good and accepted medical practice in its treatment of the plaintiff Irene Halikiopoulos and that such a departure was a proximate cause of the damages alleged ( see Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Prestia v. Mathur, 293 A.D.2d 729; Berger v. Becker, 272 A.D.2d 565). Moreover, the plaintiffs failed to raise a triable issue of fact as to the application of the doctrine of res ipsa loquitur ( see Kambat v. St. Francis Hosp., 89 N.Y.2d 489).
RITTER, J.P., S. MILLER, LUCIANO and TOWNES, JJ., concur.