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SIMPSON v. TENORE AND GUGLIELMO

287 A.D.2d 613 (2001)

731 N.Y.S.2d 859

PETER SIMPSON, Respondent, v. TENORE AND GUGLIELMO et al., Appellants.

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

Decided October 22, 2001.

Ordered that the order is affirmed, with costs.

Contrary to the defendants' contention, after they made out a prima facie case for summary judgment, the Supreme Court properly considered the affidavit of the plaintiff's expert which was submitted in opposition to the motion (see, Blade v Town of N. Hempstead, 277 A.D.2d 268; Cutsogeorge v Hertz Corp., 264 A.D.2d 752). There is no...

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