ALICEA v. TUERK

ORDERED that the order is reversed insofar as appealed from, with costs, the cross motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

The Supreme Court erred in denying the appellant's cross motion for summary judgment dismissing the complaint insofar as asserted against him (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320 ; Crisci v. Rastogi, 266 A.D.2d 335; [2d Dept., Nov. 15, 1999]). The appellant made a prima facie showing that he had not departed from accepted standards of medical practice (see, Kramer v. Rosenthal, 224 A.D.2d 392 ). The submissions in opposition to the cross motion were insufficient to demonstrate the existence of a triable issue of fact (see, Holbrook v. United Hosp. Med. Ctr., 248 A.D.2d 358 ; Daum v. Auburn Mem. Hosp., 198 A.D.2d 899 ).