NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
March 12, 2009
ERNEST E. PASCUCCI, ETC., ET AL., PLAINTIFFS-APPELLANTS,
AGNES WILKE, M.D., DEFENDANT-RESPONDENT.
Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered July 24, 2007, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and subject to revision before publication in the Official Reports.
Andrias, J.P., Saxe, Acosta, Renwick, JJ.
Plaintiff's failure to submit the clinical psychologist's opinion in admissible form left him with no admissible medical opinion evidence to rebut defendant's prima facie showing that she did not commit malpractice in treating the decedent (see CPLR 2106; Sanchez v Romano, 292 AD2d 202, 203 ).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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