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WALKER v. MOUNT VERNON HOSPITAL
Appellate Division of the Supreme Court of New York, Second Department.
May 15, 2000
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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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