GRAFMULLER v. MALEK


297 A.D.2d 703 (2002)

747 N.Y.S.2d 392

LENORE GRAFMULLER, Appellant, v. JOSEPH MALEK, Respondent.

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

Decided September 23, 2002.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, and the complaint is reinstated.

The Supreme Court improperly determined that the plaintiff's proof was not in admissible form, and not based upon a recent examination.

In opposition to the defendant's prima facie showing of entitlement to judgment as a matter or law, the plaintiff submitted sworn statements from chiropractors and a physician demonstrating...

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