Dow v Lenox Hill Hosp.

Dow v Lenox Hill Hosp. 2007 NY Slip Op 03011 [39 AD3d 286] April 10, 2007 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, June 6, 2007

Lawrence Dow, Appellant,
v
Lenox Hill Hospital et al., Respondents.

—[*1] Joel M. Gluck, Brooklyn, for appellant.

McAloon & Friedman, P.C., New York (Timothy J. O'Shaughnessy of counsel), for respondents.

Order, Supreme Court, Bronx County (George D. Salerno, J.), entered January 5, 2006, which granted defendants' motion for summary judgment, inter alia, dismissing plaintiff's medical malpractice cause of action, unanimously affirmed, without costs.

Defendants, through the affirmations of their medical experts, met their burden as summary judgment movants to demonstrate a prima facie entitlement to judgment, and plaintiff did not in response "show facts sufficient to require a trial of any issue of fact" by evidentiary proof in admissible form (CPLR 3212 [b]). The motion court properly refused to consider the unsworn letter from plaintiff's expert (see Grasso v Angerami, 79 NY2d 813 [1991]; Simms v APA Truck Leasing Corp., 14 AD3d 322 [2005]). Concur—Williams, J.P., Buckley, Catterson and Malone, JJ.