APICELLA v. MEROLLA'S MKT., INC.


283 A.D. 1056 (1954)

Gilda Apicella, as Administratrix of The Estate of Vincent Apicella, Deceased, Respondent, v. Merolla's Market, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

June 21, 1954.


Order unanimously reversed, with costs, and the motion denied without prejudice.

The affidavit of the physician is insufficient to show causal relation between the injuries alleged to have been received and the ensuing death of plaintiff's intestate. The affidavit does not disclose what "medical information" was submitted to the doctor and the opinion expressed by him after a study thereof consists of a statement of facts relating to the working ability of plaintiff...

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