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MICHAEL ST. AUBREY et al., Respondents, v. SMITHTOWN PEDIATRIC GROUP, EC, et al., Appellants, et al., Defendants.

Ordered that the order is affirmed insofar as appealed from, with one bill of costs payable by the appellants appearing separately and filing separate briefs.

The appellants, Smithtown Pediatric Group, PC, Harvey Bernstein, and Frederick Kaskel, each established, prima facie, entitlement to summary judgment dismissing the complaint insofar as asserted against them, thereby shifting the burden of proof to the plaintiffs "to show by sufficient evidentiary proof the existence of a triable factual issue" ( Holbrook v United Hosp. Med. Ctr., 248 AD2d 358, 359).

We agree with the plaintiffs that the affirmation of their expert, a physician who is board certified in pediatrics, asserting that the appellants deviated from good and accepted medical practice, inter alia, in failing to take into account the infant plaintiffs malnourished state in the treatment of her electrolyte imbalance and that such deviation was a proximate cause of her injury, sufficed to raise a triable issue of fact ( see Allone v University Hosp. of N.Y. Univ. Med. Ctr., 235 AD2d 447).

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MICHALE v. PEDIATRIC
(Jul 18, 2006)