KRATTER v. WEINTRAUB


97 A.D.2d 491 (1983)

Maurice Kratter et al., Respondents, v. Michael I. Weintraub et al., Appellants, et al., Defendants

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

October 17, 1983


Order reversed, on the law, with costs, plaintiffs' motion for leave to renew and reargue denied and order dated December 23, 1982, reinstated.

Upon plaintiffs' motion for leave to renew and reargue a prior order which dismissed their complaint as to the appellants, they submitted an affidavit of a medical expert in order to remedy an evidentiary deficiency. By plaintiffs' own admission, the affiant had not been retained solely after the granting of the appellants...

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