DeCintio v. Lawrence Hospital

Order, Supreme Court, Bronx County (Nelson S. Roman, J.), entered September 1, 2004, granting the motion of defendant Paul Weinstein, M.D., for summary judgment dismissing the complaint as against him, unanimously affirmed, without costs.

After defendant Dr. Weinstein met his burden as summary judgment movant by submitting an expert’s affidavit attesting that, in treating plaintiffs’ decedent, Weinstein did not depart from the accepted standard of care in the medical community (see Alvarez v Prospect Hosp., 68 NY2d 320, 325 [1986]), the burden shifted to plaintiffs to submit evidentiary facts…