Opinion
December 27, 2000.
Appeals from Order of Supreme Court, Erie County, Fahey, J. — Summary Judgment.
PRESENT: GREEN, J.P., PINE, HAYES AND SCUDDER, JJ.
Order unanimously affirmed with costs.
Memorandum:
Plaintiffs commenced this action to recover damages for an ulnar nerve compression injury allegedly sustained by plaintiff Paul F. Macko during an emergency appendectomy performed at defendant hospital. Supreme Court properly denied defendants' motions for summary judgment dismissing the complaint. Although defendants met their initial burdens on the motions, the affidavit of plaintiffs' expert raises triable issues of fact with respect to defendants' negligence based upon the doctrine of res ipsa loquitur ( see, Kerber v. Sarles, 151 A.D.2d 1031; Hill v. Highland Hosp., 142 A.D.2d 955; see also, Ceresa v. Karakousis, 210 A.D.2d 884, 884-885).