| Pascucci v Wilke |
| 2009 NY Slip Op 01846 [60 AD3d 486] |
| March 12, 2009 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Ernest E. Pascucci et al., Appellants, v Agnes Wilke, M.D., Respondent. |
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Callan, Koster, Brady & Brennan, LLP, New York (Michael P. Kandler of counsel), for respondent.
Order, Supreme Court, New York County (Sheila Abdus-Salaam, J.), entered July 24, 2007, which granted defendant's motion for summary judgment dismissing the complaint, unanimously affirmed, without costs.
Plaintiff's failure to submit the clinical psychologist's opinion in admissible form left him with no admissible medical opinion evidence to rebut defendant's prima facie showing that she did not commit malpractice in treating the decedent (see CPLR 2106; Sanchez v Romano, 292 AD2d 202, 203 [2002]). Concur—Andrias, J.P., Saxe, Acosta and Renwick, JJ.