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Porcelli v. Zapparo

Appellate Division of the Supreme Court of New York, Second Department
May 9, 1988
140 A.D.2d 423 (N.Y. App. Div. 1988)

Opinion

May 9, 1988

Appeal from the Supreme Court, Putnam County (Dickinson, J.).


Ordered that the judgment is reversed, on the law, with costs, the order dated January 15, 1987 is vacated, and the motion is denied.

We find that the Supreme Court erred in granting the defendant summary judgment dismissing the complaint. The hospital record X-ray report bearing the defendant's stamped signature constituted admissible documentary evidence (CPLR 4518 [b]) sufficient to raise a triable issue of fact as to whether the defendant was involved in the alleged erroneous interpretation of the X ray. Mollen, P.J., Thompson, Rubin and Spatt, JJ., concur.


Summaries of

Porcelli v. Zapparo

Appellate Division of the Supreme Court of New York, Second Department
May 9, 1988
140 A.D.2d 423 (N.Y. App. Div. 1988)
Case details for

Porcelli v. Zapparo

Case Details

Full title:MICHAEL PORCELLI, Appellant, v. JOSEPH ZAPPARO, Respondent

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

Date published: May 9, 1988

Citations

140 A.D.2d 423 (N.Y. App. Div. 1988)

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