MALPICA v. LAVERGNE


294 A.D.2d 340 (2002)

741 N.Y.S.2d 731

MARILYN MALPICA, Respondent, v. FRED LAVERGNE, Appellant, et al., Defendant.

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

Decided May 6, 2002.


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendant is severed.

In support of his motion for summary judgment, the appellant submitted, inter alia, the affirmed report of his medical expert who examined the plaintiff and concluded that she had full range of motion with "no point tenderness" of...

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