In Cornish v. De Palma, 210 A.D.2d 35 (1st Dep't 1994), the First Department upheld the lower court's denial of summary judgment to defendant physician. The plaintiff in Cornish had developed bedsores at defendant medical center. Plaintiff and his sister both furnished affidavits that, despite the entries in the hospital chart, the treatment regimen ordered by the defendant doctor (an attending physician) was not followed. Id. The court found that "since the ultimate responsibility for a patient's treatment is borne by his physician, and there is a factual disagreement over what transpired and whether plaintiff was properly ministered to, the Supreme Court appropriately found that the dispute herein does not concern the appropriate medical treatment but exactly what occurred when plaintiff was under [the defendant physician's] care and that this is not a matter where expert testimony is essential. Rather, it is the credibility of the parties' respective witnesses that is crucial." Id.