New York Court of Appeals, 1992

Mosberg v. Elahi

Mosberg v. Elahi
New York Court of Appeals · Decided October 15, 1992
80 N.Y.2d 941; 590 N.Y.S.2d 866; 605 N.E.2d 353; 1992 N.Y. LEXIS 3363
Mosberg v. Elahi

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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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.