Legal Opinion

Joseph E. G. v. East Irondequoit Central School District

Appellate Division of the Supreme Court of the State of New York

Decided June 16, 2000Published

1Opinion of the Court

*836equoit Central School District failed to submit evidence in admissible form establishing their entitlement to judgment as a matter of law (see, Zuckerman v City of New York, 49 NY2d 557, 562). The affidavits of their counsel, who have no personal knowledge of the facts, lack evidentiary value (see, Wright v Rite-Aid of NY, 249 AD2d 931; McGowan v Villa Maria Coll., 185 AD2d 674; see also, Buffalo Retired Teachers 91-94 Alliance v Buffalo Teachers Fedn., 251 AD2d 968), and uncertified, unsworn medical records are not in admissible form (see, Butera v Woodhouse, 267 AD2d 1039; Briggs v…

2Cases cited7 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Wright v. Rite-Aid of NY, Inc.Appellate Division of the Supreme Court of the State of New York · 1998
  4. McGowan v. Villa Maria CollegeAppellate Division of the Supreme Court of the State of New York · 1992
  5. Briggs v. Consolidated Rail Corp.Appellate Division of the Supreme Court of the State of New York · 1993

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