Opinion
January 9, 1984
In an action to recover damages for wrongful death, personal injuries and property damage predicated upon medical malpractice, plaintiff appeals from an order of the Supreme Court, Kings County (Pino, J.), dated May 7, 1982, which denied her motion to modify a conditional order of preclusion and granted defendant's cross motion for summary judgment. Order affirmed, with costs. In light of plaintiff's failure to submit an affidavit from a physician competent to attest to the meritorious nature of the claim, Special Term properly directed unconditional dismissal of the complaint ( Salch v Paratore, 60 N.Y.2d 851; Canter v Mulnick, 60 N.Y.2d 689; Stolowitz v Mount Sinai Hosp., 60 N.Y.2d 685; Amodeo v Radler, 59 N.Y.2d 1001; La Bouda v Brookdale Mem. Hosp., 98 A.D.2d 711; Ferrigno v St. Charles Hosp., 86 A.D.2d 594). Moreover, the excuses tendered for the delay in serving the bill of particulars are not persuasive (see Fidelity Deposit Co. v Andersen Co., 60 N.Y.2d 693). Titone, J.P., Lazer, Mangano and Thompson, JJ., concur.