TEPPER v. FELDMAN


117 A.D.2d 595 (1986)

Jerry Tepper, as Administrator of The Estate of Anne Tepper, Deceased, et al., Respondents, v. Herbert Feldman, Doing Business as The Five Town Nursing Home, Appellant

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

February 3, 1986


Order reversed, on the law, without costs or disbursements, motion granted, and action dismissed.

In response to the defendant's documentary evidence which indicated that the decedent's fall and ensuing injuries were not the product of the defendant's negligence, the plaintiffs had the responsibility to lay bare proof and show validity to their claim by evidentiary proof in admissible form (see, Zuckerman v City of New York, 49 N.Y.2d...

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