Geraci v. Fabbozi

This is an appeal from an order of the City Court of Buffalo denying a motion made, by the plaintiff for summary judgment. The action is brought by a physician to recover for medical services rendered at the request of the defendant to his mother. The motion was denied upon the ground that the proofs made by affidavits did not conform to the claim made in the complaint and also that the denials in the answer raised a question of fact. The claim made in the complaint is “ that the plaintiff performed certain professional medical and surgical services for and incidentally furnished medicines…