Mertsaris v. 73rd Corp.

Titone, J. P.

(concurring). The question of whether plaintiffs established a prima facie case is, in my view, an extremely close one. For one thing, the disagreement of the experts as to the initial choice of a resuscitatory method would not, in and of itself, establish a departure from accepted medical standards. “There is no authority that a doctor * * * must use what some doctors consider the best method if a method which is accepted by respectable medical authority is adopted” (Gielskie v State of New York, 10 AD2d 471,474, affd 9 NY2d 834; see, also, Henry v *89Bronx Lebanon Med. Center, 53…