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REID v. RYE RIDGE ORTHOPEDIC ASSOCIATES, P.C
Appellate Division of the Supreme Court of New York, Second Department.
Jan 31, 2000
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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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