SIEGEL v. CITY OF NEW YORK


39 A.D.2d 598 (1972)

Stanley Siegel, as Administrator of The Estate of Eileen Siegel, Deceased, Respondent, v. City of New York et al., Defendants, and Claire Kalkstein et al., as Coexecutors of Mennosch Kalkstein, Deceased, Appellants

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

April 17, 1972


Order reversed insofar as appealed from, on the law, with $10 costs and disbursements, and motion for severance of action and summary judgment granted.

The motion for summary judgment is supported by affidavits and a deposition in an examination before trial showing that appellants' decedent was never the physician of plaintiff's wife. It was then mandatory upon plaintiff to submit evidentiary facts or materials, by affidavit or otherwise, rebutting the prima facie...

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