ATATO DUCASSE plf-ap, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION def-res

2857. ATATO DUCASSE plf-ap, v. NEW YORK CITY HEALTH AND HOSPITALS CORPORATION def-res — Pollack, Pollack, Isaac & DeCicco, LLP, New York (Brian J. Isaac of counsel), for ap — Zachary W. Carter, Corporation Counsel, New York (Antonella Karlin of counsel), for res — Order, Supreme Court, Bronx County (Douglas E. McKeon, J.), entered September 3, 2015, which, in this action alleging medical malpractice, granted defendants’ motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

In this case, we are asked to decide whether defendants are entitled to summary judgment dismissing a claim of medical malpractice alleging that plaintiff Atato Ducasse (plaintiff patient) suffered injuries stemming from the use of chromic sutures rather than vicryl sutures during an episiotomy procedure. We find that defendants have made a prima facie showing sufficient to demonstrate their entitlement to summary judgment and that plaintiffs have failed to rebut that showing by way of medical evidence of a departure from accepted medical practice and that such departure was a proximate cause of plaintiff patient’s injuries (Anyie B. v. Bronx Lebanon Hosp., 128 AD3d 1, 3 [1st Dept 2015]).