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WALKER v. MOUNT VERNON HOSPITAL

272 A.D.2d 468 (2000)

708 N.Y.S.2d 322

TONDALAYA WALKER et al., Respondents, v. MOUNT VERNON HOSPITAL et al., Defendants, and SHARDA DAVE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided May 15, 2000.

Ordered that the order is affirmed insofar as appealed from, with costs.

Based upon, inter alia, the conflicting medical affidavits proffered by the parties, the Supreme Court correctly concluded that issues of fact exist precluding an award of summary judgment to the appellant physician (see, Rojas v McDonald, 267 A.D.2d 130; DaRonco v White Plains Hosp. Ctr., 215 A.D.2d 339

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