MICHAELS v. WETSELL


255 A.D.2d 298 (1998)

679 N.Y.S.2d 325

Joel Michaels et al., Respondents, v. Roger Wetsell, Doing Business as Port Jefferson Physical Therapy, Appellant

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

November 2, 1998


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendant's motion papers made out a prima facie case for summary judgment. To defeat the defendant's motion, the plaintiffs were required to submit an affidavit of merit from an expert competent to testify to evidentiary facts which would support their claim of professional malpractice (see, Assad v Gelb, 110 A.D.2d...

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