Lucenti v. St. Elizabeth Hospital

Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Supreme Court properly denied that part of the motion of Iqbal Zafar Hamid, M.D. (defendant) seeking summary judgment dismissing the cause of action for negligence against him. Although defendant sustained his initial burden, plaintiffs raised triable issues of fact concerning fault and causation (see generally, Alvarez v Prospect Hosp., 68 NY2d 320, 325-327; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853; Kremer v Buffalo Gen. Hosp., 269 AD2d 744, 745). The court…