Appellate Division of the Supreme Court of the State of New York April 1, 1993 (Mauskopf v. Ross)

—Order, Supreme Court, Bronx County (Barry Salman, J.), entered on or about November 20, 1992, which, to the extent appealed from, denied defendant-appellant’s motion for summary judgment, unanimously affirmed, without costs.

Issues of fact exist as to who was responsible for the seven-day delay in performing the CAT scan and whether such delay was a departure from accepted medical practice.