Reyz v. Khelemsky

In an action to recover damages for medical malpractice and wrongful death, the defendant Boris Khorets appeals from so much of an order of the Supreme Court, Kings County (Steinhardt, J.), entered January 13, 2004, as denied his motion for summary judgment dismissing the complaint insofar as asserted against him.

Ordered that the order is affirmed insofar as appealed from, with costs.

The defendant Boris Khorets met his burden of establishing prima facie entitlement to judgment as a matter of law by submitting the affidavit of a medical expert opining, to a reasonable degree of medical…