Bibikoff v Bellevue Hosp.

[*1] Bibikoff v Bellevue Hosp. 2005 NYSlipOp 50669(U) Decided on May 4, 2005 Appellate Term, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and will not be published in the printed Official Reports.

Decided on May 4, 2005
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT
PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM J. DAVIS
HON. PHYLLIS GANGEL-JACOB, Justices.
570652/04

Bazyli Bibikoff, Plaintiff-Appellant,

against

Bellevue Hospital, Defendant-Respondent.

Plaintiff appeals from a judgment of the Civil Court, New York County, entered November 21, 2003 after inquest (Delores J. Thomas, J.) in favor of defendant dismissing the action.

PER CURIAM:

Judgment entered November 21, 2003 (Delores J. Thomas, J.) affirmed, without costs.

The medical malpractice action was properly dismissed after inquest, inasmuch as the medical expert called to testify by plaintiff offered no opinion concerning causation or injury and plaintiff did not otherwise present competent medical proof in support of his claim (see Schwartzman v Friedler, 279 AD2d 517 [2001]; see also Giambona v Stein, 265 AD2d 775 [1999]).

This constitutes the decision and order of the court.
Decision Date: May 04, 2005