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SCACCIA v. DEGENER

207 A.D.2d 599 (1994)

615 N.Y.S.2d 512

Sharon Scaccia et al., Respondents, v. Henry A. Degener et al., Appellants

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

August 4, 1994

Casey, J.

Defendants contend that this Court should abandon its line of cases which hold that an unsworn medical report of a physician is hearsay and therefore inadequate to support a motion for summary judgment (see, e.g., Rapp v Suriano, 162 A.D.2d 837, 838; Plouffe v Rogers, 144 A.D.2d 218, 219). According to defendants, when a plaintiff's physician prepares...

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