McNair v. Ofori

—Order, Supreme Court, New York County (Edward Lehner, J.), entered September 4, 1992, which granted a motion by defendants and third-party plaintiffs and a cross-motion by the third-party defendant for summary judgment dismissing the complaint and *48third-party complaint, and denied a cross-motion by plaintiff for partial summary judgment dismissing an affirmative defense, unanimously affirmed, without costs.

Defendants permissibly used unsworn reports of the plaintiffs doctors, disclosed to defendants by plaintiff (see, Lowe v Bennett, 122 AD2d 728, 729, affd 69 NY2d 700), to demonstrate that…