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Saeed v. Boulevard Hospital

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1985
109 A.D.2d 831 (N.Y. App. Div. 1985)

Opinion

March 18, 1985

Appeal from the Supreme Court, Queens County (Hyman, J.).


Judgment affirmed, without costs or disbursements.

The conclusory affidavit by the injured plaintiffs and the two unsworn letters from examining physicians which are devoid of any opinion or evidentiary facts supporting the malpractice claim, fail to establish, as a matter of law, that plaintiffs' claim is meritorious ( Kel Mgt. Corp. v. Rogers Wells, 64 N.Y.2d 904; Amodeo v. Radler, 89 A.D.2d 594, affd 59 N.Y.2d 1001; O'Halloran v. Eller, 43 A.D.2d 955). Plaintiffs have also failed to demonstrate a satisfactory excuse for their failure to comply with a demand for medical authorizations. Thus, Special Term did not abuse its discretion in denying plaintiffs' renewed motion to vacate their default and the complaint was properly dismissed as to defendant Shiffman. Lazer, J.P., Gibbons, Thompson and Niehoff, JJ., concur.


Summaries of

Saeed v. Boulevard Hospital

Appellate Division of the Supreme Court of New York, Second Department
Mar 18, 1985
109 A.D.2d 831 (N.Y. App. Div. 1985)
Case details for

Saeed v. Boulevard Hospital

Case Details

Full title:AHMED MOHAMED SAEED et al., Appellants, v. BOULEVARD HOSPITAL, Defendant…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Mar 18, 1985

Citations

109 A.D.2d 831 (N.Y. App. Div. 1985)

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