Mosberg v. Elahi

New York Court of Appeals
Mosberg v. Elahi, 80 N.Y.2d 941 (N.Y. 1992)
590 N.Y.S.2d 866; 605 N.E.2d 353; 1992 N.Y. LEXIS 3363

Mosberg v. Elahi

Opinion of the Court

OPINION OF THE COURT

Memorandum.

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.

*943Chief Judge Wachtler and Judges Simons, Kaye, Titone, Hancock, Jr., and Bellacosa concur; Judge Smith taking no part.

Order affirmed, with costs, in a memorandum.

Reference

Full Case Name
Christine J. Mosberg v. E. Hakim Elahi
Cited By
80 cases
Status
Published