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CAMPBELL v. CLOVERLEAF TRANSPORTATION, INC.

5 A.D.3d 169 (2004)

773 N.Y.S.2d 50

JAMES CAMPBELL et al., Appellants, v. CLOVERLEAF TRANSPORTATION, INC., et al., Respondents.

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

March 9, 2004.

Given a showing of law office failure by plaintiffs and no showing of prejudice by defendants, plaintiffs' failure to submit their medical proof in evidentiary form on the original motion should have been excused, and the motion for summary judgment decided on the basis of the record made on renewal (see Cespedes v McNamee, 308 A.D.2d 409 [2003]). On that record, an issue of fact as to whether plaintiff Wilson-Johnson sustained a...

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