| Ennd v Kopp |
| 2008 NY Slip Op 01702 [48 AD3d 740] |
| February 26, 2008 |
| Appellate Division, Second Department |
| Erin P. Ennd, Appellant, v William K. Kopp et al.,Respondents. |
—[*1] Finder and Cuomo, LLP, New York, N.Y. (Sherri A. Jayson of counsel), forrespondents.
In an action to recover damages for dental malpractice, the plaintiff appeals, as limited by herbrief, from so much of an order of the Supreme Court, Queens County (Dollard, J.), dated April18, 2007, as granted that branch of the defendants' motion which was for summary judgmentdismissing the complaint.
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the plaintiff's contention, the defendants established, through competentevidence, their prima facie entitlement to judgment as a matter of law (see Posokhov v Oselkin, 44 AD3d921 [2007]; Starr v Rogers, 44AD3d 646, 648 [2007]; see also Tessier v New York City Health & Hosps. Corp.,177 AD2d 626 [1991]). In opposition, the affidavit of the plaintiff's undisclosed expert failed toraise a triable issue of fact, as it contained only conclusory and unsupported allegations (seeAlvarez v Prospect Hosp., 68 NY2d 320, 324-325 [1986]; Posokhov v Oselkin, 44 AD3d 921[2007]; Starr v Rogers, 44 AD3d at 648; Keevan v Rifkin, 41 AD3d 661, 662 [2007]; Bumbaca v Bonanno, 39 AD3d577, 578-579 [2007]; Cai Qiang Liv Yang, 36 AD3d 642 [2007]; Bowman v Chasky, 30 AD3d 552, 553 [2006]; cf. Rivera v Anilesh, 8 NY3d 627[2007]).
The plaintiff's remaining contentions are without merit. Skelos, J.P., Fisher, Dillon andMcCarthy, JJ., concur.