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Kolb v. Strogh

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1991
172 A.D.2d 804 (N.Y. App. Div. 1991)

Opinion

April 29, 1991

Appeal from the Supreme Court, Suffolk County (Cannavo, J.).


Ordered that the order is affirmed, without costs or disbursements.

We find that the plaintiff satisfied her burden of producing evidentiary proof in admissible form establishing the existence of a material question of fact as to the defendant's negligence in treating her (see, Alvarez v. Prospect Hosp., 68 N.Y.2d 320). Because this issue requires a trial of the action, the Supreme Court properly denied the defendant's motion for summary judgment. Mangano, P.J., Brown, Sullivan, Harwood and Miller, JJ., concur.


Summaries of

Kolb v. Strogh

Appellate Division of the Supreme Court of New York, Second Department
Apr 29, 1991
172 A.D.2d 804 (N.Y. App. Div. 1991)
Case details for

Kolb v. Strogh

Case Details

Full title:KATHLEEN M. KOLB, Respondent, v. CHARLES STROGH, Appellant

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

Date published: Apr 29, 1991

Citations

172 A.D.2d 804 (N.Y. App. Div. 1991)
569 N.Y.S.2d 174

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