Valencia v. Siu-Ke Lui

Full title: ROBERT VALENCIA, Respondent, v. SIU-KE LUI et al., Appellants

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

Date published: May 5, 1997

239 A.D.2d 339 (N.Y. App. Div. 1997)

657 N.Y.S.2d 1007

Opinion

May 5, 1997

Appeal from the Supreme Court, Queens County (Lane, J.).

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants' motion papers made out a prima facie case for summary judgment. The only proof submitted by the plaintiff in opposition to the motion for summary judgment was the affirmation of a chiropractor. Since the affirmation of a chiropractor does not constitute competent evidence ( see, CPLR 2106; Feintuch v. Grella, 209 A.D.2d 377), the plaintiff has failed to produce evidentiary proof in admissible form sufficient to defeat the defendants' motion.

Rosenblatt, J.P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.