Opinion
July 27, 1987
Appeal from the Supreme Court, Kings County (Jones, J.).
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.