98 A.D.2d 739 (1983)

Miguel Bustamonte, Respondent, v. Raymond Koval, Appellant, et al., Defendant

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

December 12, 1983

Order reversed, on the law, with costs, and motion for summary judgment dismissing the action as against defendant Koval granted.

Plaintiff has failed to establish the legal merits of this action by an affidavit from a physician competent to attest to the meritorious nature of his claim (see Amodeo v Radler, 89 A.D.2d 594, affd 59 N.Y.2d 1001; Smith v Lefrak Organization, 60 N.Y.2d 828; Lee v Moley, 97 A.D.2d 787).


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