Order reversed, without costs, and motion denied, without prejudice to renewal upon a proper showing of a causal connection between the allegedly increased injuries and the accident sued upon.
In our opinion, the motion papers do not warrant the removal of the action to the Supreme Court. The physician's affidavit shows no causal connection between the surgery performed and the accident (cf. Scalzo v. Brunori,
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.