Legal Opinion
Luthart v. Danesh
Appellate Division of the Supreme Court of the State of New York
Decided February 4, 1994No. Appeal No. 2PublishedCited by 6 opinions
1Opinion of the Court
— Judgment unanimously reversed on the law with costs, motion denied and complaint against Genesee Memorial Hospital reinstated. Memorandum: Supreme Court properly denied defendant Rathor’s motion for summary judgment. Rathor failed to sustain his burden to set forth evidentiary proof, in admissible form, eliminating any material issue of fact (see, Stevens v Waters, 201 AD2d 872 [decided herewith]; Dix v Pines Hotel, 188 AD2d 1007). The facts relied upon by the movant’s expert in rendering his expert medical opinion conflict with the deposition testimony of defendants Rathor and Danesh.…
2Cases cited4 opinions
- S. J. Capelin Associates, Inc. v. Globe Manufacturing Corp.New York Court of Appeals · 1974
- Mickelson v. BabcockAppellate Division of the Supreme Court of the State of New York · 1993
- Dix v. Pines Hotel, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
- Stevens v. WatersAppellate Division of the Supreme Court of the State of New York · 1994
3Cited by6 opinions
- Scahall v. Unigard InsuranceAppellate Division of the Supreme Court of the State of New York · 1995
- Abato v. Millar Elevator Service Co.Appellate Division of the Supreme Court of the State of New York · 1999
- Cranker v. InfantinoAppellate Division of the Supreme Court of the State of New York · 1996
- Heller v. LublinAppellate Division of the Supreme Court of the State of New York · 2001
- Bell v. AgarwalAppellate Division of the Supreme Court of the State of New York · 2008
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