McIntyre v. East Nassau Medical Group, P. C.

Appellate Division of the Supreme Court of New York

McIntyre v. East Nassau Medical Group, P. C.

275 A.D.2d 398, 712 N.Y.S.2d 874, 2000 N.Y. App. Div. LEXIS 8807

Appellate Division of the Supreme Court of the State of New York·Decided August 21, 2000·Published·Cited by 2 cases

Opinion

—In an action to recover damages for personal injuries, etc., the defendants Carl B. Weiss and Nassau Orthopedic Surgeons, P. C., appeal from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), entered July 2, 1999, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs raised a triable issue of fact in opposition to the prima facie showing of entitlement to summary judgment by the moving defendants, and the motion was therefore properly denied (see, Zuckerman v City of New York, 49 NY2d 557). The conflicting expert opinions presented in the opposing affidavits raised a triable issue of material fact for a jury (see, Kallenberg v Beth Israel Hosp., 45 AD2d 177, affd 37 NY2d 719). S. Miller, J. P., Friedmann, Luciano and Schmidt, JJ., concur.

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—In an action to recover damages for personal injuries, etc., the defendants Carl B. Weiss and Nassau Orthopedic Surgeons, P. C., appeal from so much of an order of the Supreme Court, Nassau County (DiNoto, J.), entered July 2, 1999, as denied their motion for summary judgment dismissing the complaint insofar as asserted against them.

Ordered that the order is affirmed insofar as appealed from, with costs.

The plaintiffs raised a triable issue of fact in opposition to the prima facie showing of entitlement to summary judgment by the moving defendants, and the motion was therefore properly denied (see, Zuckerman v City of New York, 49 NY2d 557). The conflicting expert opinions presented in the opposing affidavits raised a triable issue of material fact for a jury (see, Kallenberg v Beth Israel Hosp., 45 AD2d 177, affd 37 NY2d 719). S. Miller, J. P., Friedmann, Luciano and Schmidt, JJ., concur.

McIntyre v. East Nassau Medical Group, P. C., 275 A.D.2d 398, 712 N.Y.S.2d 874, 2000 N.Y. App. Div. LEXIS 8807 (N.Y. Ct. App. 2000).

Pincite

275 A.D.2d 398 (McIntyre v. East Nassau Medical Group, P. C.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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