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AMERICAN INFERTILITY OF N.Y., P.C. v. KUSHNIR

Index No. 655306/18. Appeal No. 12208. Case No. 2020-02917.

187 A.D.3d 629 (2020)

131 N.Y.S.3d 153

2020 NY Slip Op 06044

American Infertility of New York, P.C., Appellant, v. Vitaly A. Kushnir, M.D., Respondent, et al., Defendant.

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

Decided October 27, 2020.

The court providently exercised its discretion in denying plaintiff's cross motion to convert defendant Kushnir's motion to dismiss into a summary judgment motion. While defendant's submission was significant, it hardly laid bare his proof since the only affidavit provided as part of the submission was his own, and it was not extensive (cf. Herlihy v Metropolitan Museum of Art, 214 A.D.2d 250, 255 [1st Dept 1995]; Capital Wireless...

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