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TONDALAYA WALKER, et al., respondents, v. MOUNT VERNON HOSPITAL, et al., defendants, SHARDA DAVE, appellant.

DECISION ORDER

ORDERED that the order is affirmed insofar as appealed from, with costs.

Based upon, inter alia, the conflicting medical affidavits proffered by the parties, the Supreme Court correctly concluded that issues of fact exist precluding an award of summary judgment to the appellant physician (see, Rojas v. McDonald, ___ A.D.2d ___ [1st Dept., Dec. 21, 1999]; DaRonco v. White Plains Hosp. Ctr., 215 A.D.2d 339; Zimmer v. Phelps Mem. Hosp. Center Corp., 140 A.D.2d 436).

The parties' remaining contentions are without merit.

MANGANO, P.J., BRACKEN, S. MILLER and GOLDSTEIN, JJ., concur.

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WALKER v. MOUNT VERNON HOSPITAL
(May 15, 2000)