In Thomas v. Richie, 8 AD3d 363 (2d Dept 2004) a plaintiff failed to establish a prima facie case by not submitting an expert opinion, but relied only upon the affirmation of counsel. In that case, the defendant doctor supplied an affidavit, but not an independent medical expert, and the court concluded that "an affidavit of an independent medical expert was not required here." Id.