Opinion
Argued November 15, 1999
December 20, 1999
In an action to recover damages for medical malpractice, the plaintiff appeals from a judgment of the Supreme Court, Nassau County (Levitt, J.), entered August 11, 1998, which, upon a jury verdict in favor of the respondents and against her, dismissed the complaint.
Bruce G. Clark, New York, N.Y. (Peter Gale of counsel), for appellant.
Montfort, Healy, McGuire Salley, Garden City, N.Y. (James J. Keefe, Jr., of counsel), for respondents Nassau County and Nassau County Medical Center.
Keller, O'Reilly Watson, P.C., Woodbury, N.Y. (Clifford B. Keller and Laurence G. McDonnell of counsel), for respondents D.C. Handwerker and D.S. Cohen.
CORNELIUS J. O'BRIEN, J.P., DAVID S. RITTER, FRED T. SANTUCCI and ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed, with one bill of costs.
The court properly sustained several objections to the plaintiff's questions to witnesses. Contrary to the plaintiff's contentions, the questions either lacked factual support in the record or sought the opinions of experts without laying a proper foundation. The general rule is that "opinion evidence must be based on facts in the record or personally known to the witness * * * He cannot reach his conclusion by assuming material facts not supported by evidence" (Cassano v. Hagstrom, 5 N.Y.2d 643, 646 ; see also, Gilleo v. Horton Mem. Hosp., 196 A.D.2d 569 ).
The plaintiff's remaining contentions are without merit.
O'BRIEN, J.P., RITTER, SANTUCCI, and FLORIO, JJ., concur.