Opinion
No. 729.
April 10, 2007.
Order, Supreme Court, Bronx County (George D. Salerno, J), entered January 5, 2006, which granted defendants' motion for summary judgment, inter alia, dismissing plaintiff's medical malpractice cause of action, unanimously affirmed, without costs.
Joel M. Gluck, Brooklyn, for appellant.
McAloon Friedman, P.C., New York (Timothy J. O'Shaughnessy of counsel), for respondents.
Before: Williams, J.P., Buckley, Catterson and Malone, JJ.
Defendants, through the affirmations of their medical experts, met their burden as summary judgment movants to demonstrate a prima facie entitlement to judgment, and plaintiff did not in response "show facts sufficient to require a trial of any issue of fact" by evidentiary proof in admissible form (CPLR 3212 [b]). The motion court properly refused to consider the un-sworn letter from plaintiff's expert ( see Grasso v Angerami, 79 NY2d 813; Simms v APA Truck Leasing Corp., 14 AD3d 322 [2005]).