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FERRARO v. McGOVERN

Index No. 156232/16. Appeal No. 13627. Case No. 2020-00657.

193 A.D.3d 571 (2021)

142 N.Y.S.3d 801

2021 NY Slip Op 02453

James L. Ferraro, Appellant, v. Kevin M. McGovern et al., Respondents.

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

Decided April 22, 2021.

Attorney(s) appearing for the Case

The Ferraro Law Firm, P.A., New York ( James L. Ferraro and Matthew D. Gutierrez of the bar of the State of Florida, admitted pro hac vice, of counsel), for appellant.

Cuomo, LLC, Mineola ( Daniel R. Flynn of counsel), for respondents.

Concur—Manzanet-Daniels, J.P., Mazzarelli, Mendez, Shulman, JJ.

The motion court should not have granted summary judgment dismissing the complaint where defendants failed to meet their initial burden to establish their lack of negligence as a matter of law. We also find that, contrary to the motion court's determination, plaintiff's expert's findings set forth in the documents incorporated by reference into his sworn statement were sufficient to create an issue of fact for trial (see Pastabar...

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