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AUGERI v. MASSOFF

134 A.D.2d 307 (1987)

Carolyn Augeri, Respondent, v. Harold Massoff et al., Defendants, and Smithtown General Hospital, Appellant. (And a Third-Party Action.)

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

November 9, 1987

Ordered that the order is affirmed insofar as appealed from, with costs.

The movant, the defendant Smithtown General Hospital, did not meet its burden of setting forth evidentiary proof in admissible form to establish its defense sufficiently to entitle it to judgment as a matter of law.

The hearsay allegations of the defense counsel regarding the plaintiff's relationship with the treating physicians, the defendants...

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