CHRISTINE JASON MOSBERG, APPELLANT, v. E. HAKIM
80 N.Y.2d 941, 605 N.E.2d 653, 590 N.Y.S.2d 866 (1992).
October 15, 1992
2 No. 172
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
Submitted by Russell D. Mauro, for Appellant.
Submitted by Barbara A. Sheehan, for Respondent.
The Order of the Appellate Division should be affirmed with costs.
The party opposing a motion to dismiss for failure to prosecute is obligated to make an evidentiary showing sufficiently demonstrating a "good and meritorious cause of action" (CPLR 3216[e]; see, Kel Mgt Corp. v Rogers & Wells, 64 NY2d 904, 905). In medical malpractice actions expert medical opinion evidence is required to demonstrate merit, except as to matters within the ordinary experience and knowledge of laypersons (Fiore v Galang, 64 NY2d 999). We agree with the Appellate Division that plaintiff failed to satisfy these requirements.
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Order affirmed, with costs, in a memorandum. Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock and Bellacosa concur. Judge Smith took no part.