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FEINTUCH v. GRELLA
Appellate Division of the Supreme Court of New York, Second Department.
Nov 7, 1994
Ordered that the order is reversed, on the law, with costs, the motion is granted, and the complaint is dismissed.
The defendant's motion papers made out a prima facie case for summary judgment. The plaintiffs submitted, in opposition to the motion for summary judgment, the affirmations of a chiropractor, and annexed unsworn reports. The affirmations of a chiropractor do not constitute competent evidence (see, CPLR 2106). In any case, the affirmations contained conclusory assertions which were insufficient to defeat the defendant's motion for summary judgment. Thompson, J.P., Miller, O'Brien, Santucci and Joy, JJ., concur.
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