HARE v. NEWMAN, M.D.


309 A.D.2d 1265 (2003)

765 N.Y.S.2d 551

JILLAINE M. HARE, Appellant, v. DAVID NEWMAN, M.D., et al., Respondents.

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

Decided October 2, 2003.


It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.

Memorandum:

Supreme Court properly granted defendants' motions seeking summary judgment dismissing the complaint based on plaintiff's failure to comply with a conditional preclusion order. Because plaintiff's claims in this medical malpractice action are not based on matters within the ordinary experience of laypersons, an affidavit of merit from...

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