KYLE BURKE, ETC. plf-ap, v. PAUL BEYER, D.O. def-res, JAMES E. CROLL, M.D. def

8444. KYLE BURKE, ETC. plf-ap, v. PAUL BEYER, D.O. def-res, JAMES E. CROLL, M.D. def — Silberstein,Awad & Miklos, P.C., Garden City (Dana E. Heitz of counsel), for ap — Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP, New York (Samantha E. Quinn of counsel), for Paul Beyer, D.O., res — Garbarini & Scher, P.C., New York (William D. Buckley of counsel), for St. Barnabas Hospital, res — Order, Supreme Court, Bronx County (Robert E.Torres, J.), entered April 20, 2011, which, to the extent appealed from, granted the motions of defendants St. Barnabas Hospital and Paul Beyer, D.O. for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

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8444. KYLE BURKE, ETC. plf-ap, v. PAUL BEYER, D.O. def-res, JAMES E. CROLL, M.D. def — Silberstein,Awad & Miklos, P.C., Garden City (Dana E. Heitz of counsel), for ap — Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson, LLP, New York (Samantha E. Quinn of counsel), for Paul Beyer, D.O., res — Garbarini & Scher, P.C., New York (William D. Buckley of counsel), for St. Barnabas Hospital, res — Order, Supreme Court, Bronx County (Robert E.Torres, J.), entered April 20, 2011, which, to the extent appealed from, granted the motions of defendants St. Barnabas Hospital and Paul Beyer, D.O. for summary judgment dismissing the complaint as against them, unanimously affirmed, without costs.

Defendants established their entitlement to judgment as a matter of law. Defendants submitted evidence showing that their treatment of decedent did not depart from accepted standards of medical practice and that any alleged departure did not proximately cause decedent’s death within hours of her admission to the hospital (see generally Frye v. Montefiore Med Ctr., 70 AD3d 15, 24 [1st Dept 2009]). The evidence demonstrates that decedent’s complaints upon presentment at the emergency room, combined with her past medical history and the medications she was taking, significantly belied the severity of her condition, which was ultimately found to include acute renal failure, diabetic ketoacidosis, pancreatitis and hyperkalemia.

KYLE BURKE, ETC. plf-ap, v. PAUL BEYER, D.O. def-res, JAMES E. CROLL, M.D. def

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