KINNEY v. SCHONFELD

The motion court's grant of summary relief was entirely appropriate; defendant made a prima facie showing that the medical malpractice complaint was without merit and plaintiff did not in response carry her burden to produce competent medical evidence demonstrating that there were nonetheless triable factual issues respecting defendant's commission of the alleged malpractice (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324) Further, we find that a sanction of $250 is warranted by plaintiff's counsel's pursuit of this patently meritless appeal, and we impose such sanction in order to deter similar conduct in the future ( 22 NYCRR 130-1.1 (c)).

ELLERIN, P.J., TOM, MAZZARELLI, WALLACH, LERNER, JJ.