Kaufman v. Bauer

I respectfully dissent. The issue on this appeal is whether plaintiff made a sufficient showing to permit restoration of her case to the trial calendar. I agree with the Civil Court that she did and would therefore affirm the order and permit plaintiff to have her day in court.

Contrary to the position advanced by the majority, the redacted affirmation of a board certified surgeon submitted by plaintiff is sufficient to establish possible merit to plaintiff’s

*64claim. (See Palermo v Lord & Taylor, 287 AD2d 258, 260 [1st Dept 2001] [motion to restore only requires a minimal showing of the…