Order, Supreme Court, New York County (Helen E. Freedman, J.), entered January 5, 2004, which granted defendant Weinberg’s motion for summary judgment and dismissed the complaint, unanimously affirmed, without costs.
Failure to rebut medical evidence demonstrating conformity with accepted medical practice was fatal to the cause of action for malpractice (see Pan v Coburn, 95 AD2d 670 [1983]). Dr. Weinberg’s implant of a silicone gel prosthesis into plaintiff Margery Wiesenthal’s breast, allegedly against her express wishes, was correctly deemed a cause of action for battery, which