[*1]
Radice v Imber
2004 NY Slip Op 50425(U)
Decided on May 11, 2004
Appellate Term, First Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the printed Official Reports.


Decided on May 11, 2004
APPELLATE TERM OF THE SUPREME COURT, FIRST DEPARTMENT

PRESENT:
HON. LUCINDO SUAREZ, P.J.
HON. WILLIAM P. McCOOE
HON. WILLIAM J. DAVIS, Justices.
570240/03

DIANE RADICE AND SCOTT RADICE, Plaintiffs-Appellants,

against

GERALD IMBER, M.D., Defendant-Respondent.


Plaintiffs appeal from a judgment of the Civil Court, New York County, entered February 15, 2002 (Saralee Evans, J.) upon a prior order dated January 3, 2002, which granted defendant's motion for summary judgment dismissing the complaint.


PER CURIAM:

Judgment entered February 15, 2002 (Saralee Evans, J.) affirmed, without costs.

In light of plaintiffs' failure to offer expert opinion in opposition to defendant's well-supported summary judgment motion, no triable issue was raised and summary judgment dismissing the medical malpractice action was properly granted (see, Fiore v Galang, 64 NY2d 999 [1985]; DeCintio v Lawrence Hosp., 299 AD2d 165 [2002], lv denied in part and dismissed in part, 100 NY2d 549 [2003]). Contrary to plaintiffs' argument, denial of summary judgment pursuant to CPLR 3212[f] would not have been appropriate since the court had no basis to conclude that "facts essential to justify opposition may exist."

This constitutes the decision and order of the court.