Recitation, as required by CPLR §2219(a), of the papers considered in the review of this motion: Papers Numbered Notice of Motion/Cross Motion/Order to Show Cause and Affidavits (Affirmations) Annexed 1-2, 3-6 Opposing Affidavits (Affirmations) 7-8 Reply Affidavits (Affirmations) 9, 10 DECISION/ORDER Upon the foregoing papers in this medical malpractice action, defendant, David A. Staffenberg, M.D., moves in motion sequence 13, pursuant to CPLR §3212, for summary judgment, dismissing plaintiff’s complaint against him, to sever the claims against him from the claims against the other defendants, to amend the caption to reflect his dismissal from the action, and to direct the Clerk of the Court to enter judgment in his favor. Defendants. Christopher Demas, M.D. and Staten Island University Hospital, move in motion sequence 14, pursuant to CPLR §3212, for summary judgment. As Dr. Staffenberg’s motion is unopposed, his motion for summary judgment is granted in its entirety, and the remainder of this decision will discuss Dr. Demas’ and Staten Island University Hospital’s motion (motion sequence 14). Plaintiff commenced this action by filing a summons and complaint on February 8, 2016, naming Christopher Demas, M.D., Kenneth Rose, M.D., Staten Island University Hospital, and Richmond University Medical Center as defendants (Summons & Complaint, annexed as Exhibit B to defendants’ motion papers, motion sequence 14; Defendant’s Affirmation in Support 6, motion sequence 13). Issue was joined by Dr. Demas on or about March 9, 2016 (Id. at 8). An amended summons and complaint were filed on or about April 22, 2016, adding David A. Staffenberg, M.D. as a defendant (Id. at 6; Amended Summons & Complaint annexed as Exhibit C to defendant’s motion papers, motion sequence 13). Issue was joined by Dr. Rose on or about June 22, 2016, by Staten Island University Hospital on or about October 21, 2016, by Richmond University Medical Center on or about October 21, 2016, and by Dr. Staffenberg on or about February 14, 2017 (Defendant’s Affirmation in Support
7-8, motion sequence 13). In his amended complaint and bills of particulars, plaintiff alleges that Dr. Demas and Staten Island University Hospital deviated from acceptable medical practice on March 19, 2013 by “improperly perform[ing] a split calvarial bone graft to right cheek and right orbit with right lateral canthoplasty.” “improper[ly]” placing hardware in right cheek,” “ improperly allowing a drill bit to fall onto floor of right orbit,” utilizing “improper surgical technique,” and “improperly fixating metal plates to the bone” (Amended Complaint
