Corletta v. Fischer

The Supreme Court properly denied the motion of the defendants Jayesh R. Mehta, Brijender Batra, and Pulmonary Consultants, PC., doing business as Pulmonary Consultants, for summary judgment dismissing the complaint insofar as asserted against them. In opposition to those defendants’ prima facie showing of their entitlement to judgment as a matter of law, the *930plaintiff raised a triable issue of fact (see Howard v Kennedy, 60 AD3d 905, 906 [2009]).

However, the Supreme Court erred in denying the motion of the defendant Good Samaritan Hospital of Suffern, N.Y., Inc. (hereinafter the Hospital),…