Opinion
August 24, 1992
Appeal from the Supreme Court, Queens County (Santucci, J.).
Ordered that the appeal from so much of the order as denied the defendant's motion for a further examination before trial of the plaintiff is dismissed; and it is further,
Ordered that the order is affirmed insofar as reviewed; and it is further,
Ordered that the plaintiff is awarded one bill of costs.
The denial of the defendant's motion for a further deposition of the plaintiff concerning questions objected to at her examination before trial is not appealable as a matter of right (see, Stoller v. Moo Young Jun, 118 A.D.2d 637; Muller v Sorensen, 138 A.D.2d 683; Sainz v. New York City Health Hosps. Corp., 106 A.D.2d 500), and we decline to grant the defendant leave to appeal from that portion of the order (see, Roberts v Modica, 102 A.D.2d 886; Sainz v. New York City Health Hosps. Corp., supra).
Viewing the evidence in a light most favorable to the party opposing the summary judgment motion (see, Marine Midland Bank v Dino Artie's Automatic Transmission Co., 168 A.D.2d 610), we find that summary judgment was properly granted as to the personal injuries cause of action. The plaintiff's affidavits, as well as hospital documentation contained in the record, establish that the defendant's employee administered type A blood to the plaintiff's decedent who had type O blood. This mismatched blood transfusion caused acute renal failure which necessitated hemodialysis treatment. These facts establish that the defendant "deviate[d] from good and accepted medical practices" (Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853) which proximately caused the plaintiff's decedent's injuries, resulting in his pain and suffering. Since the defendant failed to demonstrate by admissible evidence the existence of a factual issue requiring a trial (see, Zuckerman v City of New York, 49 N.Y.2d 557), summary judgment as to the personal injuries cause of action was proper (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320; Tessier v. New York City Health Hosps. Corp., 177 A.D.2d 626). Bracken, J.P., Sullivan, Harwood and Lawrence, JJ., concur.