Opinion
No. 2008-00848.
March 17, 2009.
In an action to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Rosenberg, J.), dated November 28, 2007, which granted the separate motions of the defendants St. Luke's Roosevelt Hospital Center, Dan Lazarescu, and New York Medical Group, P.C., for summary judgment dismissing the complaint insofar as asserted against each of them.
Pegalis Erikson, LLC, Lake Success, N.Y. (Robert V. Fallarino and Linda M. Oliva of counsel), for appellant.
Wilson, Elser, Moskowitz, Edelman Dicker, LLP, White Plains, N.Y. (Garrett P. Lewis and John P. O'Sullivan of counsel), for respondent St. Luke's Roosevelt Hospital Center.
Bower Lawrence, P.C., New York, N.Y. (Sari Havia of counsel), for respondent Dan Lazarescu, and McMahon Martine Gallagher, Brooklyn, N.Y., for respondent New York Medical Group, P.C. (one brief filed).
Before: Rivera, J.P., Florio, Dickerson and Chambers, JJ.
Ordered that the order is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.
In response to the respondents' respective showings of their entitlement to judgment as a matter of law dismissing the complaint insofar as asserted against each of them, the plaintiff failed to show the existence of a triable issue of fact as to any of the respondents. Accordingly, the Supreme Court properly granted the respondents' separate motions for summary judgment dismissing the complaint insofar as asserted against each of them ( see generally Alvarez v Prospect Hosp., 68 NY2d 320, 324-325).