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MALARY v. NEW YORK CITY TRANSIT AUTH.

232 A.D.2d 380 (1996)

648 N.Y.S.2d 319

Michelet Malary, Appellant, v. New York City Transit Authority et al., Respondents

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

October 7, 1996

Ordered that the order is reversed, on the law, with one bill of costs payable by the respondents appearing separately and filing separate briefs, the motions are denied, and the complaint is reinstated.

We find that the defendants failed to meet their initial burden of establishing prima facie entitlement to judgment as a matter of law. The unsworn medical reports by the defendants' examining physicians cannot be considered...

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