Opinion
Argued April 3, 2000.
May 15, 2000.
In a medical malpractice action to recover damages for personal injuries, etc., the defendant Sharda Dave appeals from so much of an order of the Supreme Court, Westchester County (Coppola, J.), entered September 17, 1999, as denied his motion for summary judgment dismissing the complaint insofar as asserted against him.
Anthony Sammartano, White Plains, N.Y. (Marili Gelardi of counsel), for appellant.
Myron G. Lasser (Thomas Torto, New York, N.Y. of counsel), for respondents.
GUY JAMES MANGANO, P.J., LAWRENCE J. BRACKEN, SONDRA MILLER, GLORIA GOLDSTEIN, JJ.
DECISION ORDER
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, ___ A.D.2d ___ [1st Dept., Dec. 21, 1999]; DaRonco v. White Plains Hosp. Ctr., 215 A.D.2d 339; Zimmer v. Phelps Mem. Hosp. Center Corp., 140 A.D.2d 436).
The parties' remaining contentions are without merit.
MANGANO, P.J., BRACKEN, S. MILLER and GOLDSTEIN, JJ., concur.