Opinion
Argued October 21, 1999
December 6, 1999
In an action, inter alia, to recover damages for medical malpractice, the plaintiff appeals from an order of the Supreme Court, Kings County (Spodek, J.), dated July 20, 1998, which granted the motion of the defendant Govindan Gopinathan for summary judgment dismissing the complaint insofar as asserted against him.
David Taback, P.C. (Sanocki, Newman Turret, LLP, New York, N Y [David B. Turret] of counsel), for appellant.
McAloon Friedman (Mauro Goldberg, Great Neck, N.Y. [Kenneth Mauro and Caryn L. Lilling] of counsel), for respondent.
CORNELIUS J. O'BRIEN, J.P., MYRIAM J. ALTMAN, ANITA R. FLORIO, NANCY E. SMITH, JJ.
ORDERED that the order is affirmed, with costs.
The defendant Govindan Gopinathan established his entitlement to summary judgment dismissing the complaint insofar as asserted against him as a matter of law. The conclusory allegation of the plaintiff's expert that Gopinathan, a neurologist, misled subsequent doctors by misdiagnosing the plaintiff's pulmonary condition was unsupported by evidence tending to establish the essential elements of malpractice and thus was insufficient to defeat the motion for summary judgment (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320, 324 ; Rosado v. Lutheran Med. Ctr., 202 A.D.2d 412 ;Guida v. Hsu, 187 A.D.2d 485 ; Burt v. Lenox Hill Hosp., 141 A.D.2d 378 ;Kane v. City of New York, 137 A.D.2d 658, 660 ).
O'BRIEN, J.P., ALTMAN, FLORIO, and SMITH, JJ., concur.