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Johnson v. Queens-Long Island Medical Group11/21/2005
d Eladio Dieguez (hereinafter the Group) established their prima facie entitlement to summary judgment by presenting evidence demonstrating that their treatment of the decedent did not deviate from good and accepted standards of medical practice (see Taylor v Nyack Hosp., supra; Reyz v Khelemsky, supra). However, the plaintiff's medical expert raised a triable issue of fact as to whether the Group's treatment of the decedent departed from good and accepted standards of medical practice (see Taylor v Nyack Hosp., supra; Reyz v Khelemsky, supra; Zarzana v Sheepshead Bay Obstetrics & Gynecology, 289 AD2d 570, 571; Walker v Mount Vernon Hosp., 272 AD2d 468; Weissman v Wider, 235 AD2d 474). Therefore, the Supreme Court erred in awarding summary judgment to the Group.
We note that the plaintiff's notice of appeal limits her appeal to so much of the Supreme Court's order as awarded summary judgment to the Group and North Shore. Thus, the plaintiff's remaining contentions on appeal, that the Supreme Court erred in awarding summary judgment to the defendants Balvindar Singh Sareen and Surujpaul Ragnuth and in denying her cross motion for summary judgment, are not properly before us (see CPLR 5515 ; Matter of Haverstraw Vil. Policeman's Benevolent Assn. v Town of Haverstraw, 15 AD3d 403, 404; O'Donoghue v New York City School Constr. Auth., 1 AD3d 333, 336; Vias v Rohan, 119 AD2d 672).
COZIER, J.P., KRAUSMAN, GOLDSTEIN and LUNN, JJ., concur.
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