Ortiz v Lee

[*1] Ortiz v Lee 2013 NY Slip Op 51653(U) Decided on October 7, 2013 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 This opinion is uncorrected and will not be published in the printed Official Reports.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 October 7, 2013
SUPREME COURT, APPELLATE TERM, FIRST DEPARTMENT
PRESENT: Lowe, III, P.J., Shulman, Torres, JJ
570378/11.

Enrique Ortiz, Plaintiff-Appellant,

against

Edward C. Lee, M.D., Ryan White, M.D., Hashim M. Hesham, M.D., and Albany Medical Center, Defendant-Respondents.

Plaintiff appeals from an order of the Civil Court of the City of New York, New York County (Jeffrey K. Oing, J.), dated March 8, 2010, which, upon a prior order conditionally granting defendants' motion for summary judgment, dismissed the complaint.

Per Curiam.

Order (Jeffrey K. Oing, J.), dated March 8, 2010, affirmed, without costs.

Plaintiff's failure to submit an affidavit of merit from a medical expert, in clear violation of the prior, unappealed conditional order granting defendants summary judgment, was fatal to plaintiff's medical malpractice and related claims (see Balzola v Giese, 107 AD3d 587 [2013]; see also Ragubir v 44 Court St., LLC, 60 AD3d 833 [2009]).

THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
Decision Date: October 07, 2013