Groeger v. Col-Les Orthopedic Associates, P. C.

— Order unanimously modified on the law and as modified affirmed without costs, in accordance with the following memorandum: In this medical malpractice action, the moving defendants submitted the affidavit of a medical expert who concluded, based upon examination of the pleadings, hospital records and pathological slides, that the pathologic examination performed by defendant Dr. Hertzog- was within accepted medical standards and that Dr. Hertzog’s inability to determine whether a schwannoma was benign or malignant did not constitute a deviation from accepted medical practice. This…