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GILLIGAN v. MILLER

99 A.D.2d 767 (1984)

Brian Gilligan, Appellant, v. Jack Miller, Respondent

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

February 14, 1984

Order affirmed, without costs or disbursements.

The record contains no affidavit from a physician, no hospital records and no other evidence to establish that there is merit to plaintiff's claim that defendant doctor was negligent and committed malpractice. Thus the action was properly dismissed (Stolowitz v Mount Sinai Hosp., 60 N.Y.2d 685; Hatcher v City of New York, 99 A.D.2d 481

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