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Carrasquillo v. Rosencrans

Appellate Division of the Supreme Court of New York, Second Department
Oct 3, 1994
208 A.D.2d 488 (N.Y. App. Div. 1994)

Opinion

October 3, 1994

Appeal from the Supreme Court, Queens County (Friedmann, J.).


Ordered that the order is affirmed, with costs.

After the plaintiffs commenced the instant action and issue was joined, the defendants moved for summary judgment pursuant to CPLR 3212. In opposition, the plaintiffs submitted an affidavit from a duly-licensed dentist who, after reviewing the relevant records, concluded that the defendants had departed from good and accepted dental care in treating the plaintiff. The name of the plaintiffs' expert was redacted from his affidavit, and an unredacted version was submitted to the Supreme Court in camera. The Supreme Court properly cited the affidavit in holding that issues of fact existed which mandated the denial of the defendants' motion. Contrary to the defendants' contention, the Supreme Court did not err in following this procedure, as it is wholly consistent with the logic underlying CPLR 3101 (d) (1) (i) (see, McCarty v. Community Hosp., 203 A.D.2d 432; see also, Wagner v. Kingston Hosp., 182 A.D.2d 616; Zuck v. Sierp, 169 A.D.2d 717). Rosenblatt, J.P., O'Brien, Ritter and Florio, JJ., concur.


Summaries of

Carrasquillo v. Rosencrans

Appellate Division of the Supreme Court of New York, Second Department
Oct 3, 1994
208 A.D.2d 488 (N.Y. App. Div. 1994)
Case details for

Carrasquillo v. Rosencrans

Case Details

Full title:NORMA CARRASQUILLO et al., Respondents, v. MARTIN ROSENCRANS et al.…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Oct 3, 1994

Citations

208 A.D.2d 488 (N.Y. App. Div. 1994)
617 N.Y.S.2d 51

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