STEPHENS v. WESTCHESTER COUNTY MED. CTR., AT WESTCHESTER COUNTY JAIL, NEW YORK STATE DEP'T OF CORR.


210 A.D.2d 216 (1994)

619 N.Y.S.2d 964

Cornelius Stephens, Appellant, v. Westchester County Medical Center, at Westchester County Jail, New York State Department of Corrections, Respondent

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

December 5, 1994


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

Under all of the circumstances of this case, we agree with the Supreme Court's conclusion that the defendant established its entitlement to judgment as a matter of law. The plaintiff failed to submit an affidavit of an expert medical witness in opposition to that submitted by the defendant in support of its cross motion. Therefore, the plaintiff did not produce the requisite proof to rebut the defendant...

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