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CRANKER v. INFANTINO

229 A.D.2d 908 (1996)

646 N.Y.S.2d 477

Annette Cranker et al., Respondents, v. Joseph Infantino, Appellant, et al., Defendant

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

July 12, 1996

Order unanimously reversed on the law without costs and motion denied.

Memorandum:

Supreme Court erred in granting plaintiffs' motion for partial summary judgment. The conflicting affidavits of experts regarding the accepted standard of medical care and whether defendant physician complied with that standard present credibility issues that cannot be resolved on a motion for summary judgment (see, Capelin...

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