Opinion
February 21, 1991
Appeal from the Supreme Court, New York County (Stanley Sklar, J.).
In this medical malpractice action, plaintiff's failure in these circumstances to submit an affidavit of merit in opposition to defendant's CPLR 3012 motion to dismiss mandates dismissal of the action as a matter of law (see, Kel Mgt. Corp. v Rogers Wells, 64 N.Y.2d 904). Plaintiff's contrary arguments are unpersuasive.
Concur — Sullivan, J.P., Milonas, Ross, Asch and Kassal, JJ.