ROSEN v. INTERMEDICS, INC.


203 A.D.2d 271 (1994)

612 N.Y.S.2d 879

Sidney Rosen et al., Respondents, v. Intermedics, Inc., Defendant, and Medtronic, Inc., Appellant

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

April 4, 1994


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

The affidavit of the appellant's expert, which was conclusory, was insufficient to warrant summary judgment (see, Coley v Michelin Tire Corp., 88 A.D.2d 651). In a motion for summary judgment, the moving party has the burden of setting forth evidentiary facts to establish his cause sufficiently to entitle him to judgment as a matter of law; anything...

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