Opinion
2312
November 25, 2003.
Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered February 7, 2003, which, in a medical malpractice action, denied defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
David M. Shearer for Plaintiff-Respondent.
Steven J. Ahmuty, Jr. for Defendants-Appellants.
Before: Mazzarelli, J.P., Saxe, Williams, Lerner, Marlow, JJ.
Plaintiff's expert's affidavit raises issues of fact as to whether, inter alia, defendants incorrectly diagnosed and treated the decedent's condition as cancer, and, if so, whether such error was due to a departure from accepted standards calling for diagnostic tests ruling out multiple sclerosis and vascular compromise.