NELMS v. KHOKHAR


12 A.D.3d 426 (2004)

784 N.Y.S.2d 572

ANTHONY LAWRENCE NELMS et al., Appellants, v. MOHAMMED A. KHOKHAR, Respondent.

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

November 8, 2004.


Ordered that the order is reversed, on the law, with costs, the motion is denied, and the complaint is reinstated.

In opposition to the defendant's establishment of a prima facie case for summary judgment, the physician for the injured plaintiff (hereinafter the plaintiff) submitted an affirmation stating that he had been treating the plaintiff since the date of the accident, and that at his most recent examination of the plaintiff on June 20, 2003, he found certain...

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