Cranker v. Infantino

—Order unanimously reversed on the law without costs and motion denied. Memorandum: Supreme Court erred in granting plaintiffs’ motion for partial summary judgment. The conflict*909ing affidavits of experts regarding the accepted standard of medical care and whether defendant physician complied with that standard present credibility issues that cannot be resolved on a motion for summary judgment (see, Capelin Assocs. v Globe Mfg. Corp., 34 NY2d 338, 341; Luthart v Danesh [appeal No. 2], 201 AD2d 930). Further, factual issues exist whether the postoperative complication requiring further surgery…