Robert La Buda v. Brookhaven Memorial Hospital Medical Center Et Al.

Robert La Buda v. Brookhaven Memorial Hospital Medical Center Et Al.

The order of the Appellate Division, insofar as it pertains to Abraham Cohen, Eric Kane, and Leon Finkelstein, and Cohen, Kane & Finkelstein, should be affirmed, with costs. It was not an abuse of discretion as a matter of law to dismiss the complaint. Plaintiff failed to submit an affidavit of merit in opposition to defendants motion for summary judgment (Erwin Pearl, Inc. v Burroughs Corp., 62 N.Y.2d 1031; Smith v Lefrak Organization, 60 N.Y.2d 828). It is therefore unnecessary to consider the question of the application of CPLR 2005 (L 1983, ch 318) (Smith v Lefrak Organization, supra).

Robert La Buda v. Brookhaven Memorial Hospital Medical Center Et Al.

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