GENNARO v. DZIUBAN

Order unanimously affirmed with costs.

Supreme Court properly granted that part of the motion of Stanley W. Dziuban, Jr., M.D. and Albany Cardiothoracic Surgeons, P.C. (defendants) seeking summary judgment dismissing the cause of action for medical malpractice. Defendants sustained their initial burden on the motion ( see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 325; Kremer v. Buffalo Gen. Hosp., 269 A.D.2d 744, 745), and plaintiff failed to raise a triable issue of fact ( see, Alvarez v. Prospect Hosp., supra, at 327; Kremer v. Buffalo Gen. Hosp., supra, at 745; Laribee v. City of Rome [appeal No. 1], 254 A.D.2d 805; Horth v. Mansur, 243 A.D.2d 1041, 1043). The court also properly granted that part of defendants' motion seeking summary judgment dismissing the cause of action for lack of informed consent. Defendants sustained their initial burden by demonstrating that they elicited plaintiff's informed consent to the surgery, and plaintiff failed to raise a triable issue of fact ( see, Dunlop v. Sivaraman, 272 A.D.2d 570; Romatowski v. Hitzig, 227 A.D.2d 870, 871, lv dismissed in part and denied in part 89 N.Y.2d 915).