Lewis v. Mensher

In a medical malpractice action, defendant Roberts appeals from an order of the Supreme Court, Kings County, dated November 23, 1979, which denied his motion for summary judgment. Order reversed, on the law, with $50 costs and disbursements, and defendant Roberts’ motion is granted. The issue presented is whether appellant *563was in any way involved in plaintiffs care or treatment or, more properly, whether there exists a genuine factual issue as to his alleged involvement. To defeat a motion for summary judgment, one must normally produce evidentiary proof in admissible form or demonstrate an…