REID v. RYE RIDGE ORTHOPEDIC ASSOCIATES, P. C.


268 A.D.2d 574 (2000)

702 N.Y.S.2d 838

WALTER A. REID, Appellant, v. RYE RIDGE ORTHOPEDIC ASSOCIATES, P. C., et al., Respondents.

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

Decided January 31, 2000.


Ordered that the judgment is affirmed, with one bill of costs to the respondents appearing separately and filing separate briefs.

The plaintiff did not serve a notice pursuant to CPLR 3101 (d) and acknowledged he was not going to present expert opinion testimony to prove that the defendants' conduct constituted a deviation from the requisite standard of care. Accordingly, he was necessarily unable to make out a prima facie case, and the complaint was properly dismissed...

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