DOW v. LENOX HILL HOSPITAL


39 A.D.3d 286 (2007)

831 N.Y.S.2d 903

LAWRENCE DOW, Appellant, v. LENOX HILL HOSPITAL et al., Respondents.

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

Decided April 10, 2007.


Defendants, through the affirmations of their medical experts, met their burden as summary judgment movants to demonstrate a prima facie entitlement to judgment, and plaintiff did not in response "show facts sufficient to require a trial of any issue of fact" by evidentiary proof in admissible form (CPLR 3212 [b]). The motion court properly refused to consider the unsworn letter from plaintiff's expert (see Grasso v Angerami...

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