La Buda v. Brookhaven Memorial Hosp. Medical Center

• Decision Date: 02 July 1984
• Citation: 468 N.E.2d 675,479 N.Y.S.2d 493,62 N.Y.2d 1014
• Parties: , 468 N.E.2d 675 Robert LA BUDA, Appellant, v. BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER et al., Respondents.
• Court: New York Court of Appeals Court of Appeals

Page 493

479 N.Y.S.2d 493

62 N.Y.2d 1014, 468 N.E.2d 675

Robert LA BUDA, Appellant, v.BROOKHAVEN MEMORIAL HOSPITAL MEDICAL CENTER et al., Respondents.

Court of Appeals of New York.

July 2, 1984.

Henry M. Grubel for appellant.

Robert N. Schutz, New York City, and James C. Brady, Floral Park, for respondents.

OPINION OF THE COURTMEMORANDUM.

The order of the Appellate Division, 98 A.D.2d 711, 469 N.Y.S.2d 112, insofar as it pertains to Abraham Cohen, Eric Kane, and Leon Finkelstein, and Cohen, Kane & Finkelstein, should be affirmed, with costs.It was not an abuse of discretion as a matter of law to dismiss the complaint.Plaintiff failed to submit an affidavit of merit in opposition to defendantsmotion for summary judgment(Pearl v. Burroughs Corp., 62 N.Y.2d 1031, --- N.Y.S.2d ----, --- N.E.2d ----;Smith v. Lefrak Organization, 60 N.Y.2d 828, 469 N.Y.S.2d 693, 457 N.E.2d 799).It is therefore unnecessary to consider the question of the application of CPLR 2005(L.1983, ch. 318)(Smith v. Lefrak Organization, supra ).

Finally, we note that no final order has been entered against Brookhaven Memorial Hospital, and the appeal, insofar as it has been taken against this party, must be dismissed (Cohen and Karger, Powers of the New York Court of Appeals§ 20, pp 82-83).

COOKE, C.J., and JASEN, JONES, WACHTLER, MEYER, SIMONS and KAYE, JJ., concur.

On review of submissions pursuant to section 500.4 of the Rules of the Court of Appeals(22 NYCRR 500.4), order, insofar as it pertains to defendants Cohen, Kane and Finkelstein, and the defendant...