Opinion
June 9, 1997
Appeal from the Supreme Court, Suffolk County (Hall, J.).
Ordered that the appeal from the decision is dismissed, as no appeal lies from a decision (see, Schicchi v. Green Constr. Corp., 100 A.D.2d 509); and it is further,
Ordered that the appeal from the order entered June 10, 1996, is dismissed, as that order was superseded by the order entered November 26, 1996, made upon reargument; and it is further,
Ordered that the order entered November 26, 1996, is affirmed insofar as reviewed; and it is further,
Ordered that the respondent is awarded one bill of costs.
Once the movant has made a prima facie showing of entitlement to summary judgment, it is incumbent upon the party opposing the motion to "show facts sufficient to require a trial of any issue of fact" (CPLR 3212 [b]; Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 326-327; Frank Corp. v. Federal Ins. Co., 70 N.Y.2d 966; Friends of Animals v. Associated Fur Mfrs., 46 N.Y.2d 1065, 1067). Here, the Supreme Court properly denied the appellant's cross motion for summary judgment inasmuch as the plaintiff's submissions demonstrated the existence of issues of fact regarding whether the claimed delay in diagnosis impaired the plaintiff's decedent's opportunity to avoid permanent damage (see generally, Zuckerman v. City of New York, 49 N.Y.2d 557).
Miller, J.P., Joy, Goldstein and Florio, JJ., concur.