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AKAMNONU v. RODRIGUEZ

12 A.D.3d 187 (2004)

784 N.Y.S.2d 516

DON AKAMNONU, Respondent, v. DALCHAND S. RODRIGUEZ, Appellant.

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

November 9, 2004.

Defendant waived any objection to the evidence plaintiff submitted in opposition to the motion for summary judgment, including the "affirmation" of plaintiff's chiropractor, by failing to contest its admissibility (see Sam v Town of Rotterdam, 248 A.D.2d 850, 851-852 [1998], lv denied 92 N.Y.2d 804 [1998]). Therefore, we consider plaintiff's opposition on the merits (see Shinn v Catanzaro, 1 A.D.3d...

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