Michaels v. Wetsell

—In an action to recover damages for personal injuries, etc., resulting from the professional malpractice of a physical therapist, the defendant appeals from an order of the Supreme Court, Suffolk County (Henry, J.), dated March 6, 1998, which denied his motion for summary judgment dismissing the complaint.

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant’s motion papers made out a prima facie case for summary judgment. To defeat the defendant’s motion, the plaintiffs were required to submit an affidavit of merit…