Majority
p. 1002Donald Pallas, Respondent, v Rama M. Guntupalli et al., Appellants. [602 NYS2d 571]
Order unanimously affirmed without costs. Memorandum: Although defendants made a prima facie showing of entitlement to summary judgment as a matter of law, the physician’s affidavit submitted by plaintiff in response raised a triable issue of fact (see generally, Alvarez v Prospect Hosp., 68 NY2d 320 , 324-325). (Appeal from Order of Supreme Court, Erie County, Gossel, J.—Summary Judgment.) Present—Green, J. P., Pine, Lawton, Boomer and Boehm, JJ.
Cases cited
- Alvarez v. Prospect Hospital 68 NY2d 320 at 324-325 p. 1002