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CESPEDES v. McNAMEE

308 A.D.2d 409 (2003)

764 N.Y.S.2d 818

LUIS F. CESPEDES, Respondent, v. SEAN P. McNAMEE et al., Appellants.

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

Decided September 30, 2003.

The IAS court originally granted defendants' motion for summary judgment because the physician's report that plaintiff submitted in opposition was neither sworn nor affirmed pursuant to CPLR 2106. Immediately after learning of the court's decision, plaintiff moved to renew and reargue, submitting his doctor's findings in affidavit form, and explaining, through his attorney and doctor, that neither realized the report was unsworn...

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