Opinion
March 13, 1998
Appeal from Order of Supreme Court, Erie County, Mintz, J. — Summary Judgment.)
Present — Green, J. P., Lawton, Wisner, Callahan and Balio, JJ.
Order unanimously affirmed with costs. Memorandum: Supreme Court properly denied defendant's motion for summary judgment. Qualification of an expert is a matter left to the sound discretion of the trial court (see, Meiselman v. Crown Hgts. Hosp., 285 N.Y. 389, 398-399; Kletnieks v. Brookhaven Mem. Assn., 53 A.D.2d 169, 175), and that discretion was not abused in this case (cf., Daum v. Auburn Mem. Hosp., 198 A.D.2d 899). The court properly rejected defendant's contention that plaintiff's expert, a physician specializing in radiology, was not competent to render an expert opinion with respect to the treatment of plaintiff's decedent by defendant, an orthopedic surgeon (see, Fuller v. Preis, 35 N.Y.2d 425, 431; DaRonco v. White Plains Hosp. Ctr., 215 A.D.2d 339, 340; Behan v. Data Probe Intl., 213 A.D.2d 439, 440-441).