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DANDREA v. HERTZ

23 A.D.3d 332 (2005)

804 N.Y.S.2d 106

JOSEPHINE DANDREA, Respondent, v. HOWARD M. HERTZ et al., Appellants.

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

November 7, 2005.

Ordered that the order is affirmed, with costs.

The defendants met their prima facie burden of establishing their entitlement to summary judgment by adducing expert opinion evidence that they did not deviate from good and accepted medical practice in their treatment of the plaintiff's decedent (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). However, the affidavit of the plaintiff's medical expert established

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