EZRA v. LIFE INSURANCE COMPANY OF NORTH AMERICA


298 A.D.2d 267 (2002)

748 N.Y.S.2d 481

ZSUZSANNA EZRA, Appellant, v. LIFE INSURANCE COMPANY OF NORTH AMERICA, Respondent.

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

Decided October 22, 2002.


The divergence of opinion expressed by the parties' experts precludes summary judgment. Contrary to plaintiff's argument, the facts that defendant's first expert did not examine plaintiff's medical records until August 1999, and that defendant's second expert did not examine plaintiff until April 2001, do not entitle plaintiff to summary judgment as to either of the corresponding time periods. Defendant's expert affidavits raise a triable issue of fact as to whether plaintiff...

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