LA BUDA v. BROOKHAVEN MEM'L HOSP. MED. CTR.


62 N.Y.2d 1014 (1984)

Robert La Buda, Appellant, v. Brookhaven Memorial Hospital Medical Center et al., Respondents.

Court of Appeals of the State of New York.

Decided July 2, 1984.


Attorney(s) appearing for the Case

Henry M. Grubel for appellant.

Robert N. Schutz and James C. Brady for respondents.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE concur.


MEMORANDUM.

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.,

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