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KOLB v. STROGH

172 A.D.2d 804 (1991)

Kathleen M. Kolb, Respondent, v. Charles Strogh, Appellant

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

April 29, 1991

Ordered that the order is affirmed, without costs or disbursements.

We find that the plaintiff satisfied her burden of producing evidentiary proof in admissible form establishing the existence of a material question of fact as to the defendant's negligence in treating her (see, Alvarez v Prospect Hosp., 68 N.Y.2d 320). Because this issue requires a trial of the action, the Supreme Court properly denied the defendant...

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