Pallas v. Guntupalli (195 A.D.2d 1002, 1993)

Order unanimously affirmed without costs. Memorandum: Although defendants made a prima facie showing of entitlement to summary judgment as a matter of law, the physician’s affidavit submitted by plaintiff in response raised a triable issue of fact (see generally, Alvarez v Prospect Hosp., 68 NY2d 320, 324-325). (Appeal from Order of Supreme Court, Erie County, Gossel, J.—Summary Judgment.) Present—Green, J. P., Pine, Lawton, Boomer and Boehm, JJ.