DECISION ORDER
ORDERED that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.
It is well established that claims of medical malpractice and claims for services by health care providers are inexorably intertwined ( see Blair v. Bartlett, 75 N.Y. 150; Tantillo v. Giglio, 156 A.D.2d 664). Further, it is well settled that a determination adverse to the patient in an action to recover fees for the rendering of professional services precludes the commencement of a malpractice action with regard to the same services ( see Harris v. Stein, 207 A.D.2d 382). Thus, the Supreme Court improperly denied the defendant's motion to dismiss this action based upon an arbitration award in his favor for fees for professional services rendered to the plaintiff Michael Ahearn ( see Harris v. Stein, supra).
McGINITY, J.P., LUCIANO, SCHMIDT and RIVERA, JJ., concur.