MACK v. ARNOLD GREGORY MEM'L HOSP.


90 A.D.2d 969 (1982)

Mary R. Mack et al., Appellants, v. Arnold Gregory Memorial Hospital et al., Appellants, and University of Rochester (Associated Hospitals Program in Internal Medicine), Respondent

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

November 9, 1982


Order and judgment unanimously reversed, with costs, and motion denied.

Memorandum:

Defendant University of Rochester's motion for summary judgment dismissing the complaint should have been denied. In support of its motion the University of Rochester submitted its unverified answer and two affidavits. The affidavit of Dr. Napodano was based, not on personal knowledge, but on his apparent perusal of records of the University of Rochester which were not attached...

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