Schmidt v. DiPerno
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action to recover damages for personal injuries, the plaintiff appeals from an order of the Supreme Court, Dutchess County (Pagones, J.), dated February 4, 2005, which granted the defendants’ motion for summary judgment dismissing the complaint.
Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
*546Initially, the plaintiffs contention that the defendants failed to support the motion with evidentiary proof in admissible form is without merit (cf. Palumbo v Innovative Communications Concepts, 175 Misc 2d 156 [1997], affd 251 AD2d…
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