Cannon v. Amarante
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Joseph D. Mintz, J.), entered September 9, 2004. The order, insofar as appealed from, denied defendants’ motion for summary judgment dismissing the complaint in a medical malpractice action.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed with costs.
Memorandum: Supreme Court properly denied defendants’ motion for summary judgment dismissing the complaint in this *1145medical malpractice action. We agree with defendants that “[a] plaintiff cannot defeat an otherwise proper motion for summary…
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