AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

MARGARET MARTINELLI et al., Respondents, v. RALPH HESSEKIEL et al., Defendants, and WYCKOFF HEIGHTS HOSPITAL, Appellant.

Ordered that the order is reversed, on the law, with costs, the motion is granted, the complaint is dismissed insofar as it is asserted against the appellant, and the plaintiffs' action against the remaining defendants is severed.

The plaintiffs were required to provide an affidavit of merit by a person competent to attest to the meritorious nature of the claim. In a medical malpractice action, expert medical opinion evidence is required to demonstrate merit (see, Fiore v. Galang, 105 A.D.2d 970, affd 64 N.Y.2d 999; Amodeo v. Radler, 89 A.D.2d 594, affd 59 N.Y.2d 1001; Saeed v. Boulevard Hosp., 109 A.D.2d 831). No affidavit of merit was provided here. In the absence of such an affidavit the appellant's motion for summary judgment as to it should have been granted. Lawrence, J.P., Kunzeman, Kooper and Spatt, JJ., concur.

Use AI to get other relevant cases.

Comments

MARTINELLI v. HESSEKIEL
(Jul 27, 1987)