ENG v. NEW MAIN LINE TRADING CORP.


249 A.D.2d 359 (1998)

670 N.Y.S.2d 800

Eugene Eng et al., Appellants, v. New Main Line Trading Corporation et al., Defendants and Third-Party Plaintiffs-Respondents. International Auto Design, Ltd., et al., Third-Party Defendants-Respondents

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

April 13, 1998


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

In opposition to the motion for summary judgment, the plaintiffs submitted affidavits sworn to on May 20, 1997, by Dr. Andrew Brown which were based, inter alia, on examinations of the plaintiffs which he had performed approximately one month earlier, some three years after the occurrence...

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