FIORE v. GALANG


64 N.Y.2d 999 (1985)

Esther K. Fiore et al., Appellants, v. Dominador Galang et al., Defendants, and Benedictine Hospital, Respondent.

Court of Appeals of the State of New York.

Decided March 28, 1985.


Attorney(s) appearing for the Case

David D. Glass for appellants.

Norman Bard for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE and ALEXANDER concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed, with costs.

We agree that absent a sufficient affidavit of merits it was error, as a matter of law, not to grant defendant Hospital's motion for summary judgment (Kel Mgt. Corp. v Rogers & Wells, 64 N.Y.2d 904; Canter v Mulnick, 60 N.Y.2d 689; Stolowitz v...

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