As an initial matter, plaintiffs' expert affirmation does not comply with CPLR 2106 (a), because the expert failed to state that he or she is licensed to practice medicine in the State of New York. This defect should have been corrected by submission of a compliant affirmation, but the affirmation raises a triable issue of fact, and plaintiffs may correct the defect before the motion court.
Defendants established prima facie that they did not depart from good and...
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