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VALENCIA v. SIU-KE LUI

Appellate Division of the Supreme Court of New York, Second Department.
May 5, 1997

Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.

The defendants' motion papers made out a prima facie case for summary judgment. The only proof submitted by the plaintiff in opposition to the motion for summary judgment was the affirmation of a chiropractor. Since the affirmation of a chiropractor does not constitute competent evidence ( see, CPLR 2106; Feintuch v. Grella, 209 A.D.2d 377), the plaintiff has failed to produce evidentiary proof in admissible form sufficient to defeat the defendants' motion.

Rosenblatt, J.P., Copertino, Pizzuto, Krausman and Florio, JJ., concur.