Lally
v.
N.Y.C. Health

Appellate Division of the Supreme Court of New York, First DepartmentNov 3, 2000
277 A.D.2d 9 (N.Y. App. Div. 2000)
277 A.D.2d 9716 N.Y.S.2d 295

November 3, 2000.

Order, Supreme Court, New York County (Louise Gruner Gans, J.), entered June 10, 1999, which granted defendants' motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.

A. Lawrence Washburn, Jr., for plaintiffs-appellants.

Dona B. Morris, for defendants-respondents.

Before: Nardelli, J.P., Tom, Lerner, Buckley, Friedman, JJ.


Plaintiff did not oppose defendants' motion for summary judgment and, accordingly, his present arguments against the grant of that relief are unpreserved. The court's dismissal of the second cause of action was required (LaBello v. Albany Med. Ctr. Hosp., 85 N.Y.2d 701;Endresz v. Friedberg, 24 N.Y.2d 478).

THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.