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Dow v. Lenox

Appellate Division of the Supreme Court of New York, First Department
Apr 10, 2007
39 A.D.3d 286 (N.Y. App. Div. 2007)

Opinion

No. 729.

April 10, 2007.

Order, Supreme Court, Bronx County (George D. Salerno, J), entered January 5, 2006, which granted defendants' motion for summary judgment, inter alia, dismissing plaintiff's medical malpractice cause of action, unanimously affirmed, without costs.

Joel M. Gluck, Brooklyn, for appellant.

McAloon Friedman, P.C., New York (Timothy J. O'Shaughnessy of counsel), for respondents.

Before: Williams, J.P., Buckley, Catterson and Malone, JJ.


Defendants, through the affirmations of their medical experts, met their burden as summary judgment movants to demonstrate a prima facie entitlement to judgment, and plaintiff did not in response "show facts sufficient to require a trial of any issue of fact" by evidentiary proof in admissible form (CPLR 3212 [b]). The motion court properly refused to consider the un-sworn letter from plaintiff's expert ( see Grasso v Angerami, 79 NY2d 813; Simms v APA Truck Leasing Corp., 14 AD3d 322 [2005]).


Summaries of

Dow v. Lenox

Appellate Division of the Supreme Court of New York, First Department
Apr 10, 2007
39 A.D.3d 286 (N.Y. App. Div. 2007)
Case details for

Dow v. Lenox

Case Details

Full title:LAWRENCE Dow, Appellant, v. LENOX HILL HOSPITAL et al., Respondents

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 10, 2007

Citations

39 A.D.3d 286 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 3011
831 N.Y.S.2d 903

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