Parker v Nolan

[*1] Parker v Nolan 2014 NY Slip Op 50275(U) Decided on February 28, 2014 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 February 28, 2014
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Schoenfeld, Hunter, Jr., JJ
14-077.

Lea Parker, Plaintiff-Appellant,

against

Marc A. Nolan and Progressive Medical Associates, P.C., Defendants-Respondents.

Plaintiff appeals from a judgment of the Small Claims Part of the Civil Court of the City of New York, New York County (Lynn R. Kotler, J.), entered March 21, 2013, after trial, in favor of defendant dismissing the action.

Per Curiam.

Judgment (Lynn R. Kotler, J.), entered March 21, 2013, affirmed, without costs, for the reasons stated by Lynn R. Kotler, J. at Civil Court.

The posttrial dismissal of this small claims action accomplished "substantial justice" consistent with substantive law principles (CCA 1804, 1807), where plaintiff failed to present any competent evidence, expert or otherwise, in support of her central allegation that the defendant doctor improperly administered and/or interpreted her echocardiogram. The result is the same whether plaintiff's claim is deemed to sound in medical malpractice (see Fiore v Galang, 64 NY2d 999 [1985]), breach of contract (see Clarke v Mikail, 238 AD2d 657 [1997]) or lack of informed consent (see Rodriguez v New York City Health & Hosps. Corp., 50 AD3d 464, 465 [2008]). The burden remained with plaintiff to establish a prima facie case even though defendant appeared solely through counsel (see 22 NYCRR 208.41[h]), a burden plaintiff failed to meet. The record discloses no errors in the conduct of the trial, and clearly none warranting reversal under the narrow review standard here applicable (CCA 1807; see Ellis v Collegetown Plaza, 301 AD2d 758, 759 [2003]). THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: February 28, 2014