Friedlander v. Ariel

Sandler and Carro, JJ.,

dissent in a memorandum by Sandler, J., as follows: The court’s determination granting the motion of the defendant, Doctors Hospital, for summary judgment dismissing the complaint rests upon an erroneous application of the familiar rule that an affidavit by a lawyer lacking personal knowledge of the facts is insufficient to put in issue the factual allegations set forth in the moving papers. On the basis of this misapplied principle, the court has concluded that the plaintiff failed to present a factual issue as to whether June 20, 1978 was the last date that plaintiff…