Opinion
November 9, 1992
Appeal from the Supreme Court, Kings County (Scholnick, J.).
Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as it is asserted against Ramon Cabanas, and the action against the remaining defendants is severed.
This medical malpractice action arose from the allegedly improper performance of an arteriogram by the defendant Dr. Allan Keil. On his motion for summary judgment, the defendant Dr. Ramon Cabanas, the plaintiff's attending physician, submitted, inter alia, his affidavit detailing the treatment he rendered to the plaintiff as well as hospital records and deposition testimony to support his allegations. Dr. Cabanas established his entitlement to judgment as a matter of law. Thus, the burden shifted to the plaintiff to respond with rebutting medical evidence demonstrating a departure from accepted medical procedures (see, Conti v Albany Med. Ctr. Hosp., 159 A.D.2d 772; Echeverri v Flushing Hosp. Med. Ctr., 123 A.D.2d 818; Neuman v Greenstein, 99 A.D.2d 1018). The attorney's affirmation submitted by the plaintiff simply failed to meet this burden (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320). Thompson, J.P., Harwood, Balletta, Rosenblatt and Eiber, JJ., concur.