Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.
The plaintiff was struck by the defendant's motor vehicle on October 11, 1994, while walking across the street. In opposition to the motion for summary judgment, the plaintiff submitted an affidavit sworn to April 29, 1997, by Dr. George Quaye which reported the results of his April 1997 examination of the plaintiff. The affidavit specified the degree...
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