Opinion
CA 02-01689
October 2, 2003.
Appeal from an order of Supreme Court, Monroe County (Bergin, J.), entered September 25, 2001, which granted defendants' motions seeking summary judgment dismissing the complaint.
CEGELSKI LEGAL ASSOCIATES, PLLC, ROCHESTER (KAREN R. CASTNER OF COUNSEL), FOR PLAINTIFF-APPELLANT.
BROWN TARANTINO, LLP, ROCHESTER (THOMAS M. BERNACKI OF COUNSEL), FOR DEFENDANTS-RESPONDENTS DAVID NEWMAN, M.D. AND ROBERT C. BOON, M.D.
HARRIS BEACH LLP, PITTSFORD (KEVIN TOMPSETT OF COUNSEL), FOR DEFENDANT-RESPONDENT LAKESIDE MEMORIAL HOSPITAL.
PRESENT: WISNER, J.P., HURLBUTT, KEHOE, AND LAWTON, JJ.
MEMORANDUM AND ORDER
It is hereby ORDERED that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Supreme Court properly granted defendants' motions seeking summary judgment dismissing the complaint based on plaintiff's failure to comply with a conditional preclusion order. Because plaintiff's claims in this medical malpractice action are not based on matters within the ordinary experience of laypersons, an affidavit of merit from a medical expert was required ( see Fiore v. Galang, 64 N.Y.2d 999, 1001).