Opinion
January 30, 2001.
Order, Supreme Court, New York County (Karla Moskowitz, J.), entered on or about April 2, 1999, which granted the defendant's motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, the motion denied, and the complaint reinstated.
Julie T. Mark, for Plaintiff-Appellant
Daniel S. Ratner, for Defendant-Respondent.
Before: Williams, J.P., Tom, Mazzarelli, Rubin, Saxe, JJ.
In this medical malpractice matter involving long-term psychiatric treatment, plaintiff's expert's affidavit, when considered in light of the entire factual record, sufficiently raised triable, material issues of fact regarding causation of injury as well as deviation from accepted practices. Such factual issues include whether defendant's intervention, allegedly pursued after plaintiff decided to terminate treatment, precipitated identifiable injuries to plaintiff's fragile psychological equilibrium and to his underlying condition (see, Stewart v. New York City Health and Hosps. Corp., 207 A.D.2d 703, 704 lv denied 85 N.Y.2d 809;Minelli v. Good Samaritan Hosp., 213 A.D.2d 705, 706-07).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.