From Casetext: Smarter Legal Research

Pantaliano v. Goodman

Appellate Division of the Supreme Court of New York, Second Department
Apr 10, 1995
214 A.D.2d 607 (N.Y. App. Div. 1995)

Opinion

April 10, 1995

Appeal from the Supreme Court, Nassau County (Levitt, J.).


Ordered that the judgment is affirmed, with costs.

In order to avoid the adverse impact of an order of preclusion, a party must establish both a reasonable excuse for his or her default and a meritorious claim (see, Mariani v Fleishman, 160 A.D.2d 911). While the plaintiffs may have established a reasonable excuse for their default in opposing the motion to preclude and in failing to comply with the conditional order of preclusion, they have failed to establish the meritorious nature of their claim. In a medical malpractice action, expert medical opinion evidence generally is required to demonstrate merit (see, Martinelli v Hessekiel, 132 A.D.2d 691; Fiore v Galang, 64 N.Y.2d 999, 1001). Under the circumstances of this case, since no affidavit of merit from a physician was provided, we find that the Supreme Court properly granted the defendants' motion for summary judgment dismissing the complaint. Balletta, J.P., Thompson, Santucci, Altman and Hart, JJ., concur.


Summaries of

Pantaliano v. Goodman

Appellate Division of the Supreme Court of New York, Second Department
Apr 10, 1995
214 A.D.2d 607 (N.Y. App. Div. 1995)
Case details for

Pantaliano v. Goodman

Case Details

Full title:NINA PANTALIANO, Individually and as Executrix of MICHAEL PANTALIANO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Apr 10, 1995

Citations

214 A.D.2d 607 (N.Y. App. Div. 1995)
625 N.Y.S.2d 82

Citing Cases

Medina v. Allstate Insurance Company

ORDERED that the orders are affirmed, with one bill of costs. Contrary to the plaintiff's contention, the…

Little v. Medical Center

The plaintiffs further stated that they had provided "appropriate authorizations and documentation" to obtain…