Robinson v. Strong Memorial Hosp., 1
| Decision Date | 16 December 1983 |
| Docket Number | No. 1,1 |
| Citation | 470 N.Y.S.2d 239,98 A.D.2d 976 |
| Parties | Earl A. ROBINSON, Appellant, v. STRONG MEMORIAL HOSPITAL, Philip Williams, M.D., and Theodore K. Oates, M.D., Respondents. Appeal |
| Court | New York Supreme Court — Appellate Division |
Bernard Gastel, Rochester, for appellant (Appeals 1 & 2).
Nixon, Hargrave, Devans & Doyle by Judith Norman, Rochester, for respondents (Appeals 1 & 2).
Before HANCOCK, J.P., and CALLAHAN, DOERR, DENMAN and MOULE, JJ.
Special Term erroneously granted defendants' motion for summary judgment dismissing plaintiff's complaint in this medical malpractice action. "When reviewing a motion for summary judgment the focus of the court's concern is issue finding, not issue determination, and the affidavits should be scrutinized carefully in the light most favorable to the party opposing the motion." (Goldstein v. County of Monroe, 77 A.D.2d 232, 236, 432 N.Y.S.2d 966; Renda v. Frazer, 75 A.D.2d 490, 429 N.Y.S.2d 944.) The affidavit of Dr. Sidney S. Weinstein submitted by plaintiff raises questions of fact as to whether defendants' treatment of plaintiff was in accordance with acceptable medical standards in the community.
Order unanimously reversed, with costs, and motion denied.
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