Ordered that the order is affirmed, with costs.
The defendants moved to dismiss the complaint for failure to state a cause of action, or for summary judgment. In support of their motion the defendants submitted, inter alia, the unsworn medical report of their examining physician. In opposition, the plaintiff offered, inter alia, his own affidavit as well as the affidavit of his treating orthopedist.
Initially, we note that although the complaint...
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