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Attorney(S)
  • Walter C. Reid, New York, N.Y., for appellant. Vout A. Cristantello of counsel), for respondents Rye Ridge Orthopedic Associates, P.C. and Michael R. Miller. Bartlett, McDonough, Bastone Monaghan, LLP, White Plains, N Y (Edward J. Guardaro, Jr., of counsel), for respondent Sheldon Manspeizer.
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Attorney(S)
  • Walter C. Reid, New York, N.Y., for appellant. Vout A. Cristantello of counsel), for respondents Rye Ridge Orthopedic Associates, P.C. and Michael R. Miller. Bartlett, McDonough, Bastone Monaghan, LLP, White Plains, N Y (Edward J. Guardaro, Jr., of counsel), for respondent Sheldon Manspeizer.
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Smart Summary

WALTER ANDREW REID, etc., appellant, v. RYE RIDGE ORTHOPEDIC ASSOCIATES, P.C., et al., respondents.

DECISION ORDER

ORDERED that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff did not serve a notice pursuant to CPLR 3101(d) and acknowledged he was not going to present expert opinion testimony to prove that the defendants' conduct constituted a deviation from the requisite standard of care. Accordingly, he was necessarily unable to make out a prima facie case, and the complaint was properly dismissed (see, Kalkan v. Nyack Hosp., 214 A.D.2d 538 ).

JOY, J.P., ALTMAN, GOLDSTEIN, and SCHMIDT, JJ., concur.

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REID v. RYE RIDGE ORTHOPEDIC ASSOCIATES, P.C
(Jan 31, 2000)