BROSNAN v. SHAFRON

ORDERED that the order is affirmed, with costs.

The appellant failed to make a prima facie showing of entitlement to judgment as a matter of law (see, Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853; Wertheimer v. Paley, 137 A.D.2d 680). The evidence presented by the appellant was insufficient to establish that it was not liable for the alleged negligent acts of its employees. The affidavit of its medical expert was conclusory and did not attempt to refute by specific factual reference the allegations of negligence in the bills of particulars (see, Winegrad v. New York Univ. Med. Ctr., supra; Indelicato v. Wyckoff Hgts. Hosp., 205 A.D.2d 664, 665; Graber v. Zwanger, 175 A.D.2d 911). Additionally the deposition testimony presented by the appellant failed to establish that its employees did not deviate from accepted nursing practice (see, Barnes v. Sheehan Mem. Hosp., 275 A.D.2d 1028; Indelicato v. Wyckoff Hgts. Hosp., supra; Gerner v. Long Is. Jewish Hillside Med. Ctr., 203 A.D.2d 60, 61-62; Christopher v. St. Vincent's Hosp. Med. Ctr., 121 A.D.2d 303, 305; Critelli v. Long Is. Jewish-Hillside Med. Ctr., 115 A.D.2d 632). Accordingly, summary judgment was properly denied.