D'AMICO v. LAMPEDUSA


46 A.D.2d 613 (1974)

Andrew D'Amico, Appellant, v. C. R. Lampedusa et al., Respondents

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

October 10, 1974


Appellant shall recover of respondents $40 costs and disbursements of this appeal. Special Term denied this motion on the ground that "the affidavit of the physician was insufficient to warrant granting the sought relief." We disagree. The medical affidavit submitted indicates that the doctor tested plaintiff for his senses of taste and smell, as well as for his claimed hearing defect. He states that in his "medical opinion and with a reasonable degree of medical certainty...

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