Bailey v. North Shore University Hosp.

• Court: New York Supreme Court — Appellate Division
• Writing for the Court: Before TITONE
• Citation: Bailey v. North Shore University Hosp., 457 N.Y.S.2d 336, 91 A.D.2d 967 (N.Y. App. Div. 1983)
• Decision Date: 03 January 1983
• Parties: Edward BAILEY, as Administrator, etc., Respondent, v. NORTH SHORE UNIVERSITY HOSPITAL, Defendant; William Sherbany, Appellant.

Page 336

457 N.Y.S.2d 336

91 A.D.2d 967

Edward BAILEY, as Administrator, etc., Respondent, v. NORTH SHORE UNIVERSITY HOSPITAL, Defendant William Sherbany, Appellant.

Supreme Court, Appellate Division Second Department.

Jan. 3, 1983.

Heidell, Pittoni & Moran, P.C., New York City (Mario Pittoni and Beth A. Barrett, New York City, of counsel), for appellant.

Gregory Peck, New York City, for respondent.

Before TITONE, J.P., and THOMPSON, WEINSTEIN and NIEHOFF, JJ.

MEMORANDUM BY THE COURT.

In a medical malpractice action, defendant Sherbany appeals, as limited by his brief, from so much of an order of the Supreme Court, Queens County, dated September 15, 1981, as, upon granting his motion, inter alia, for summary judgment, did so unless plaintiff served upon him within a specified time, a responsive bill of particulars and an authorization for North Shore University Hospital medical records.

Order reversed insofar as appealed from, on the law, without costs or disbursements, and appellant's motion granted unconditionally.

In his affidavit in opposition to appellant's motion, the plaintiff failed to (1) establish a reasonable excuse for his failure to comply with two previous orders of preclusion, and (2) make a prima facie showing of merit by an affidavit of a physician competent to attest to the meritorious nature of his claim. Accordingly, it was...