Opinion
Submitted December 13, 2000.
January 16, 2001.
In an action to recover damages for podiatric malpractice, etc., the defendant Susan Schneidermesser appeals, as limited by her brief, from so much of an order of the Supreme Court, Kings County (Levine, J.), dated July 7, 2000, as denied her motion for summary judgment dismissing the complaint insofar as asserted against her.
Thurm Heller, LLP, New York, N.Y. (Shelly L. Baldwin and Jeffrey S. Wolk of counsel), for appellant.
David P. Kownacki, P.C., New York, N.Y. (Wendi M. Edelman of counsel), for respondents.
Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, GLORIA GOLDSTEIN, ROBERT W. SCHMIDT, JJ.
DECISION ORDER
ORDERED that the order is affirmed insofar as appealed from, with costs.
In support of her motion for summary judgment, the appellant submitted her deposition testimony in which she stated that she did not depart from accepted standards of podiatric practice (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320). In opposition, the plaintiffs submitted an affidavit of an orthopedic and neurological surgeon stating that the appellant departed from accepted standards of care in performing surgery on the injured plaintiff's foot. That affidavit was sufficient to establish that there are issues of fact which preclude the granting of summary judgment (see, Walker v. Mount Vernon Hosp., 272 A.D.2d 468; Mineo v. Young, 248 A.D.2d 1012; Julien v. Physician's Hosp., 231 A.D.2d 678; DaRonco v. White Plains Hosp. Ctr., 215 A.D.2d 339). Accordingly, the Supreme Court properly denied the appellant's motion.