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Williams v. Town of GreenburghWilliams v. Town of Greenburgh

Appellate Division of the Supreme Court of the State of New York
Dec 19, 2012
Versions:101 A.D.3d 990
955 N.Y.2d 523

The defendants demonstrated their prima facie entitlement to judgment as a matter of law by establishing, through competent medical evidence, that the plaintiff‘s condition did not result from the subject accident (see Scott v Martinez, 99 AD3d 984 [2012]; Enyah v Sherpa, 98 AD3d 993 [2012]). In opposition, the plaintiff failed to raise a triable issue of fact. The affidavit of the plaintiff‘s expert was conclusory on the issue of whether the plaintiff‘s condition was the result of the subject accident (see Barry v Future Cab Corp., 71 AD3d 710 [2010]; Piperis v Wan, 49 AD3d 840 [2008]). Accordingly, the defendants’ motion should have been granted. Skelos, J.P., Balkin, Chambers and Miller, JJ., concur.

Case Details

Case Name: Williams v. Town of Greenburgh
Court Name: Appellate Division of the Supreme Court of the State of New York
Date Published: Dec 19, 2012
Citations: 101 A.D.3d 990; 955 N.Y.2d 523
Court Abbreviation: N.Y. App. Div.
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