NURIK v. OLLSTEIN


231 A.D.2d 458 (1996)

647 N.Y.S.2d 464

Paul Nurik, Respondent, v. Ronald N. Ollstein, Appellant

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

September 24, 1996


The motion court properly considered the revised expert affidavit submitted by plaintiff after the return date of the motion upon the court's own suggestion and with little resulting delay. In any event, the "reorganized" affidavit and report contained virtually the same findings and conclusions as the original. A doctor need not specifically couch his statement in terms of "`a reasonable degree of medical certainty'" in order for it to "convey[ ] equivalent assurance that...

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