Cunningham v Newman

Cunningham v Newman 2011 NY Slip Op 00628 Decided on February 3, 2011 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on February 3, 2011
Saxe, J.P., Friedman, Catterson, Acosta, Richter, JJ.
4190 401014/09

[*1]Benjamin Cunningham, Plaintiff-Appellant,

v

David Newman, M.D., et al., Defendants-Respondents.




Benjamin Cunningham, appellant pro se.
Wilson Elser Moskowitz Edelman & Dicker LLP, New York
(Anna R. Mercado of counsel), for respondents.

Order, Supreme Court, New York County (Joan B. Lobis, J.), entered December 30, 2009, which, in this medical malpractice action, granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

There was no basis to strike the affirmation of defendants' expert, which, in conjunction with other evidence, established defendants' prima facie entitlement to summary judgment dismissal. In opposition, plaintiff failed to offer evidence sufficient to raise a triable issue regarding malpractice (see Zuckerman v City of New York, 49 NY2d 557, 562 [1980]). The court also properly dismissed plaintiff's claims against defendants for alleged violations of the so-called "patient bill of rights" (see Public Health Law §§ 2801-d, 2803-c).

We have considered plaintiff's remaining contentions and find them unavailing.

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: FEBRUARY 3, 2011

CLERK