Opinion
October 19, 2000.
Order, Supreme Court, New York County (Stanley Sklar, J.), entered April 30, 1999, which, in an action for medical malpractice, denied defendant-appellant hospital's motion for summary judgment dismissing the complaint as against it, unanimously affirmed, without costs.
Matthew Gaier, for plaintiff-respondent.
Nancy A. Breslow, for defendant-appellant.
Before: Rosenberger, J.P., Williams, Wallach, Buckley, JJ.
An issue of fact exists as to whether defendant hospital failed to follow plaintiff's doctor's orders by not performing a second sonogram (see, Collins v. New York Hosp., 49 N.Y.2d 965). Plaintiff's doctor's testimony that his treatment would have been the same regardless of the results of a second sonogram raises an issue of credibility inappropriate for summary judgment treatment. The foregoing is not to be understood as a limitation of issues of fact for trial.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.