RUSH v. WESTCHESTER COUNTY MED. CTR.


204 A.D.2d 298 (1994)

614 N.Y.S.2d 149

William J. Rush et al., Respondents, v. Westchester County Medical Center et al., Defendants, and Melvin B. Weiss, Appellant

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

May 2, 1994


Ordered that the order is affirmed, with costs.

The appellant moved for summary judgment on the ground that the action against him was time-barred pursuant to General Municipal Law § 50-i. We find that the court properly denied the motion, as the appellant failed to present evidentiary proof in admissible form sufficient to establish his entitlement to this defense as a matter of law (see, Zuckerman v City of New York, 49 N.Y.2d...

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