Appellate Division of the Supreme Court of New York, 1983

Eischen v. Crouse-Irving Memorial Hospital

Eischen v. Crouse-Irving Memorial Hospital
Appellate Division of the Supreme Court of New York · Decided December 16, 1983
98 A.D.2d 992; 470 N.Y.S.2d 1023; 1983 N.Y. App. Div. LEXIS 21348
Eischen v. Crouse-Irving Memorial Hospital

Opinion of the Court

— Order unanimously reversed, with costs, and motion denied. Memorandum: In this medical malpractice action, Special Term erroneously granted summary judgment to defendant Snyder. The medical affidavit submitted by plaintiff in response to the motion created a factual issue which may not summarily be resolved. (Appeal from order of Supreme Court, Onondaga County, Tenney, J. — summary judgment.) Present — Dillon, P. J., Callahan, Doerr, Denman and Moule, JJ.

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