Amamedi v. Archibala
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Wilma Guzman, J.), entered on or about August 5, 2009, which denied defendants’ motion for summary judgment, unanimously reversed, on the law, without costs, the motion granted and the complaint dismissed. The Clerk is directed to enter judgment accordingly.
Contrary to defendants’ contention, plaintiffs’ medical evidence was admissible, as the submissions of the injured plaintiffs treating doctors were both affirmed, and defendants’ expert, Dr. Montalbano, specifically referenced the unaffirmed MRI reports and relied on the results therein. Nevertheless,…
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