Appellate Division of the Supreme Court of New York, 1988

Porcelli v. Zapparo

Appellate Division of the Supreme Court of New York · Decided May 9, 1988

140 A.D.2d 423; 528 N.Y.S.2d 124; 1988 N.Y. App. Div. LEXIS 4920

Opinion of the Court

We find that the Supreme Court erred in granting the *424defendant summary judgment dismissing the complaint. The hospital record X-ray report bearing the defendant’s stamped signature constituted admissible documentary evidence (CPLR 4518 [b]) sufficient to raise a triable issue of fact as to whether the defendant was involved in the alleged erroneous interpretation of the X ray. Mollen, P. J., Thompson, Rubin and Spatt, JJ., concur.

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