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FLORIA v. COOK

59 A.D.2d 771 (1977)

Gloria M. Floria et al., Respondents, v. Albert W. Cook, Defendant, and Long Island College Hospital, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 31, 1977

Order reversed, on the law, with $50 costs and disbursements, plaintiffs' motion denied and dismissal order dated September 29, 1976 reinstated.

The record before us is barren of any evidentiary facts which would indicate that the plaintiffs have a meritorious cause of action. A conclusory affidavit offered by the injured patient to the effect that she has a meritorious claim is not a sufficient affidavit of merits (see Scotto v Montemarano,

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