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530 E. 89 CORP. v. UNGER

43 N.Y.2d 776 (1977)

530 East 89 Corp., Appellant, v. Arthur A. Unger et al., Doing Business as Unger & Unger, Respondents. (And Another Action.)

Court of Appeals of the State of New York.

Decided December 15, 1977.

Attorney(s) appearing for the Case

Benedict Ginsberg for appellant.

Nathaniel Rothstein for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and COOKE concur in memorandum; Judge FUCHSBERG taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed, without costs.

It is incumbent upon the plaintiff to present expert testimony to support allegations of malpractice (McDermott v Manhattan Eye, Ear & Throat Hosp., 15 N.Y.2d 20, 24; Nauman v Beecher & Assoc., 24 Utah.2d 172; 7 Wigmore, Evidence [3d ed...

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