Appellate Division of the Supreme Court of New York, 1992

Yalon v. Tiangco

Yalon v. Tiangco
Appellate Division of the Supreme Court of New York · Decided October 8, 1992
186 A.D.2d 395
Yalon v. Tiangco

Opinion of the Court

— Order, Supreme Court, Bronx County (Bertram Katz, J.), entered October 15, 1991, which denied defendant’s motion for summary judgment, unanimously affirmed, without costs.

The expert’s affidavit submitted by plaintiff in opposition to defendant’s motion for summary judgment in this medical malpractice action (see, CPLR 3101 [d] [1] [i]) was sufficient to raise triable issues of fact (see, Alvarez v Prospect Hosp., 68 NY2d 320; Winegrad v New York Univ. Med. Ctr., 64 NY2d 851). Concur — Rosenberger, J. P., Ellerin, Kupferman and Kassal, JJ.

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