Vogt v. Herstik

Order, Supreme Court, New York County (Alice Schlesinger, J.), entered February 28, 2014, which denied defendant’s motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment dismissing the complaint.

Plaintiff failed to raise a triable issue of fact in opposition to defendant’s prima facie showing that he did not deviate or depart from accepted medical practice in his treatment of plaintiffs left foot (see Diaz v New York Downtown Hosp., 99 NY2d 542 [2002]). Plaintiffs expert offered no…