MAUST v. ARSENEAU


116 A.D.2d 1012 (1986)

Maxine Maust, Individually and as Executrix of John Maust, Deceased, Respondent, v. Marianne Arseneau, Appellant, et al., Defendants

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

January 24, 1986


Order unanimously reversed, on the law, without costs, and matter remitted to Supreme Court, Ontario County, for further proceedings, in accordance with the following memorandum:

Defendant Dr. Arseneau, a board-certified radiologist who examined and evaluated diagnostic X rays of plaintiff's intestate, based her motion for summary judgment in this medical malpractice action upon her own affidavit as a medical expert. She attached to her affidavit and reviewed in detail...

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