GROSS v. FRIEDMAN


138 A.D.2d 571 (1988)

Kenneth W. Gross, Respondent-Appellant, v. Richard Friedman, Appellant-Respondent

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

March 21, 1988


Ordered that the judgment is reversed, on the law, with costs, the defendant's motion to dismiss the complaint for the plaintiff's failure to present a prima facie case is granted, the complaint is dismissed, and the cross appeal is dismissed as academic.

Our review of the record reveals that the plaintiff did not make a prima facie showing that the defendant failed to exercise such reasonable care and diligence in his treatment of the plaintiff as would be expected...

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