Kitt v. Okonta

Order, Supreme Court, Bronx County (Stanley Green, J.), entered September 30, 2015, which, to the extent appealed from, denied defendant Brookhaven Rehabilitation & Health Care Center’s motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

Although Brookhaven made a prima facie showing that it did not depart from good and accepted medical practices (see Lopez v Gramuglia, 133 AD3d 424, 425 [1st Dept 2015]; Matos v Khan, 119 AD3d 909, 910 [2d Dept 2014]), the report of plaintiff’s medical expert raised triable issues of fact as to whether there was a…