Loesburg v. Jovanovic

Amended Order, Supreme Court, New York County (Joan Madden, J.), entered April 30, 1998, which, inter alia, granted the respective motion and cross-motion of defendants Matea and Rizzo for summary judgment and dismissed the first and third causes of action in Action No. 4, unanimously modified, on the law, to the extent of denying the motion and cross-motion, reinstating those causes of action, and remanding the matter for further proceedings, and as so modified, the amended order is affirmed, without costs.

The reports of the orthopedic and pulmonary examinations of plaintiff, conducted three…