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ASSENZA v. HOROWITZ

100502/06

26 Misc.3d 356 (2009)

888 N.Y.S.2d 705

2009 NY Slip Op 29409

AMANDA ASSENZA, an Infant, by Her Father and Natural Guardian, DAVID ASSENZA, et al., Plaintiffs, v. MARK HOROWITZ, M.D., et al., Defendants.

Supreme Court, Richmond County.

Decided October 9, 2009.

Attorney(s) appearing for the Case

Amabile & Erman, P.C., for Arthur Buonaspina, M.D., defendant.

Keller O'Reilly & Watson, P.C., for Mark Horowitz, M.D., defendant.

Wilson Elser Moskowitz Edelman & Dicker, LLP, for Staten Island University Hospital, defendant.

Sgarlato & Sgarlato, PLLC, for plaintiffs.

OPINION OF THE COURT

JOSEPH J. MALTESE, J.

The motion of Arthur Buonaspina, M.D. for summary judgment pursuant to Civil Practice Law and Rules § 32121 is denied. The cross motion for summary judgment made by Mark Horowitz, M.D. was supported by his own "expert" affidavit without adding impartial expert opinion. A "selfserving" affidavit requires scrutiny to assess its weight, but it is admissible. However, Dr. Horowitz failed...

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