D'AMBROSIO v. METHODIST HOSP. OF BROOKLYN


115 A.D.2d 518 (1985)

Alfonso D'Ambrosio et al., Respondents, v. Methodist Hospital of Brooklyn et al., Defendants, and Harry Felger, Appellant

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

December 9, 1985


Order reversed, on the law, with costs, motion granted, and complaint dismissed as against defendant Felger.

Since defendant Felger demonstrated his entitlement to summary judgment, it was incumbent upon the plaintiffs to establish the existence of a triable issue of fact by admissible evidence or to proffer a valid excuse for the failure to do so (see, Zuckerman v City of New York, 49 N.Y.2d 557, 560). Because the...

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