Opinion
August 26, 1991
Appeal from the Supreme Court, Nassau County (Becker, J.).
Ordered that the order is affirmed, with costs.
The bare conclusory assertions by the movants that they did not deviate from good and accepted medical practices with respect to the treatment of the plaintiffs' decedent, without any attempt to refute by specific factual reference the allegations of medical malpractice made in the bills of particulars, do not establish that the causes of action have no merit so as to entitle them to summary judgment (see, Winegrad v New York Univ. Med. Center, 64 N.Y.2d 851, 853; Alvarez v Prospect Hosp., 68 N.Y.2d 320, 326). Failure to make such a prima facie showing requires a denial of the motion regardless of the sufficiency of the opposing papers (Winegrad v New York Univ. Med. Center, supra). Eiber, J.P., Rosenblatt, Miller and Ritter, JJ., concur.