Opinion
November 9, 2000.
Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered May 17, 2000, which, in an action to recover for alleged medical malpractice, denied defendants-appellants' motion for summary judgment, unanimously affirmed, without costs.
David M. Schuller, for plaintiff-respondent.
Michael N. Stevens, for defendants-appellants.
Before: Sullivan, P.J., Rosenberger, Williams, Ellerin, Buckley, JJ.
The affidavit of plaintiff's expert, in conjunction with the relevant hospital records, was sufficient to raise triable issues as to whether defendants had, in fact, properly and timely diagnosed and treated the decedent's condition in accordance with the accepted standard of medical care (compare, Alvarez v. Prospect Hosp., 68 N.Y.2d 320).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.