Opinion
2002-03516
Argued February 14, 2003.
March 10, 2003.
In an action to recover damages for medical malpractice, the plaintiff appeals from an order and judgment (one paper) of the Supreme Court, Nassau County (Joseph, J.), dated March 22, 2002, which granted the defendants' motion for summary judgment dismissing the complaint, and dismissed the complaint.
Goldstein Goldstein, P.C., Brooklyn, N.Y. (Mark I. Goldstein of counsel), for appellant.
Kanterman Taub, P.C., New York, N.Y. (Sari Havia of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the order and judgment is affirmed, with costs.
Contrary to the plaintiff's contention, the Supreme Court properly granted the defendants' motion for summary judgment. The defendants established a prima facie case through the affirmation of their expert witness that the treatment provided to the plaintiff fell within accepted standards of orthopedic care (see Alvarez v. Prospect Hosp., 68 N.Y.2d 320; Fick v. Hodes, 298 A.D.2d 489, 490; Eisen v. Mather Mem. Hosp., 278 A.D.2d 272; Heshin v. Levitt, 273 A.D.2d 442; O'Shaughnessy v. Hines, 248 A.D.2d 687, 688). The affirmation of the plaintiff's expert submitted in opposition to the defendants' motion failed to raise a triable issue of fact (see Alvarez v. Prospect Hosp., supra; Fick v. Hodes, supra; Ventura v. Beth Israel Med. Ctr., 297 A.D.2d 801, 803; Wilson v. Buffa, 294 A.D.2d 357, 358, lv denied 98 N.Y.2d 611; O'Shaughnessy v. Hines, supra).
The plaintiff's remaining contentions are without merit.
SANTUCCI, J.P., FRIEDMANN, LUCIANO and RIVERA, JJ., concur.