Assenza v. Horowitz

OPINION OF THE COURT

Joseph J. Maltese, J.

The motion of Arthur Buonaspina, M.D. for summary judgment pursuant to Civil Practice Law and Rules § 32121 is denied. The cross motion for summary judgment made by Mark Horowitz, M.D. was supported by his own “expert” affidavit without adding impartial expert opinion. A “self-serving” affidavit requires scrutiny to assess its weight, but it is admissible. However, Dr. Horowitz failed to provide supporting proof to his cross motion2 and it is denied. Cross motion by Amanda Assenza and her father, David Assenza, to deny Dr. Buonaspina’s motion is…