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BRADLEY v. RODRIGUEZ

61 A.D.3d 801 (2009)

876 N.Y.S.2d 888

ROBIN BRADLEY, Respondent, v. PABLO RODRIGUEZ et al., Appellants, et al., Defendant.

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

Decided April 21, 2009.

Ordered that the order is affirmed, with costs.

The appellants made a prima facie showing of their entitlement to judgment as a matter of law through the submission of the plaintiff's deposition testimony and the affirmation of their examining physician. However, in opposition, the plaintiff raised triable issues of fact. Accordingly, the appellants' motion for summary judgment was properly denied (see Alvarez v Prospect Hosp., 68 N.Y.2d 320...

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