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MARIA PILAR BUSTOS plfres, v. LENOX HILL HOSPITAL, def-ap, PEDRO SEGARRA, M.D. def

9333. MARIA PILAR BUSTOS plfres, v. LENOX HILL HOSPITAL, def-ap, PEDRO SEGARRA, M.D. def — Mauro Lilling Naparty LLP, Woodbury (Caryn L. Lilling and Katherine Herr Solomon of counsel), for ap — Hill & Moin LLP, New York (Cheryl R. Eisberg Moin of counsel), for res — Order, Supreme Court, New York County (Carol R. Edmead, J.), entered July 26, 2011, which denied defendant Lenox Hill Hospital's motion to set aside the verdict, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in defendants favor dismissing the complaint.

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9333. MARIA PILAR BUSTOS plfres, v. LENOX HILL HOSPITAL, def-ap, PEDRO SEGARRA, M.D. def — Mauro Lilling Naparty LLP, Woodbury (Caryn L. Lilling and Katherine Herr Solomon of counsel), for ap — Hill & Moin LLP, New York (Cheryl R. Eisberg Moin of counsel), for res — Order, Supreme Court, New York County (Carol R. Edmead, J.), entered July 26, 2011, which denied defendant Lenox Hill Hospital’s motion to set aside the verdict, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment in defendants favor dismissing the complaint.

The only testimony plaintiffs’ expert gave as to the alleged deviation from the accepted standard of medical care in the performance of the birthing maneuvers was that the maneuvers “were excessive and caused th[e] injuries” and deviated from the appropriate standard of care. He did not explain or in any other way support his opinion, which therefore was speculative and conclusory and without probative force (See e.g. Rivera v. Greenstein, 79 AD3d 564, 568 [1st Dept 2010]).

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