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MYERS v. DAVIS

32 A.D.3d 731 (2006)

821 N.Y.S.2d 181

ERNEST MYERS et al., Plaintiffs, and JAVON COWAN et al., Appellants, v. NORMA DAVIS et al., Respondents. (And Another Action.)

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

September 19, 2006.

Given the uncontradicted affirmation of Dr. Goldman and his administrative assistant that his failure to state in his original report, dated February 16, 2004, that Javon Cowan's back injuries were causally related to the November 23, 2001 automobile accident was the result of a transcription error, it was improvident to deny plaintiffs' motion for renewal. Upon renewal, Dr. Goldman's affirmation, as corrected, which was based upon his physical examination of plaintiff and...

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