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CHANG v. CARPENTER

2011-02135.

92 A.D.3d 727 (2012)

938 N.Y.S.2d 471

2012 NY Slip Op 1215

KYUNG KOOK CHANG, Appellant, v. ROBERT D. CARPENTER et al., Respondents.

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

Decided February 14, 2012.

Ordered that the order is affirmed, with costs.

While we affirm the order appealed from, we do so on a ground other than that relied upon by the Supreme Court.

Contrary to the conclusion of the Supreme Court, the plaintiff, in opposing the defendants' motion for summary judgment dismissing the complaint, was not required to raise a triable issue of fact as to whether the alleged injuries to his left shoulder and...

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