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Rosarky v. Rifkin9/30/2002
This opinion is uncorrected and subject to revision before publication in the Official Reports.
(*1)
Argued - September 13, 2002
DECISION & ORDER
(Index No. 14388/99)
In an action, inter alia, to recover damages for medical malpractice, etc., the defendant Terry Rifkin appeals, as limited by his brief, from so much of an order of the Supreme Court, Suffolk County (Cohalan, J.), dated September 28, 2001, as denied his cross motion for summary judgment dismissing the complaint insofar as asserted against him.
ORDERED that the order is affirmed insofar as appealed from, with costs.
(*2) The Supreme Court properly denied the appellant's cross motion for summary judgment. After the appellant made out a prima facie case, the affirmations submitted by the plaintiff's experts in opposition raised triable issues of fact (see CPLR 3212; Barone v. Flynn, 284 AD2d 422, 423; Campea v. Mitra, 267 AD2d 190, 191; Stepanian v Goldstein, 239 AD2d 569, 570; Taylor v. St. Vincent's Medical Center of Richmond, 236 AD2d 461, 462; Licausie v. North Shore Orthopedic Group, 232 AD2d 612, 613; Seidman v. Booth Memorial Medical Ctr., 202 AD2d 490, 491; cf. Holbrook v. United Hosp. Med. Ctr., 248 AD2d 358, 359).
S. MILLER, J.P., CRANE, COZIER and RIVERA, JJ., concur.
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