Bibikoff v. Bellevue Hosp.

Full title: BAZYLI BIBIKOFF, Plaintiff-Appellant, v. BELLEVUE HOSPITAL…

Court: Appellate Term of the Supreme Court of New York, First Department

Date published: May 4, 2005

2005 N.Y. Slip Op. 50669 (N.Y. App. Term 2005)

Opinion

570652/04.

Decided May 4, 2005.

Plaintiff appeals from a judgment of the Civil Court, New York County, entered November 21, 2003 after inquest (Delores J. Thomas, J.) in favor of defendant dismissing the action.

Judgment entered November 21, 2003 (Delores J. Thomas, J.) affirmed, without costs.

PRESENT: HON. LUCINDO SUAREZ, P.J., HON. WILLIAM J. DAVIS, HON. PHYLLIS GANGEL-JACOB, Justices.

PER CURIAM:

The medical malpractice action was properly dismissed after inquest, inasmuch as the medical expert called to testify by plaintiff offered no opinion concerning causation or injury and plaintiff did not otherwise present competent medical proof in support of his claim ( see Schwartzman v. Friedler, 279 AD2d 517; see also Giambona v. Stein, 265 AD2d 775).

This constitutes the decision and order of the court.