DOIA v. Gail C. Johnson, M.D., John R. Tretter, M.D., and James Cesare, M.D., Defendants-Appellants. (1999)

 Supreme Court properly denied the motion of Gail C. Johnson, M.D., John R. Tretter, M.D., and James Cesare, M.D. (defendants) for summary judgment dismissing the complaint against them in this medical malpractice action.   Defendants failed to meet their initial burden by their conclusory statements that their treatment of plaintiff's decedent did not deviate from accepted standards of care (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324, 508 N.Y.S.2d 923, 501 N.E.2d 572;  Winegrad v. New York Univ. Med. Ctr., 64 N.Y.2d 851, 853, 487 N.Y.S.2d 316, 476 N.E.2d 642).   The deposition testimony and medical records also submitted by defendants did not adequately address the specific acts of negligence raised in the pleadings (cf., Maust v. Arseneau, 116 A.D.2d 1012, 498 N.Y.S.2d 936).   Defendants are not entitled to dismissal of the complaint based on the Good Samaritan Law (Education Law § 6527[2] ).   That statute excludes emergency treatment in a doctor's office.

Order unanimously affirmed without costs.

MEMORANDUM: