A Manhattan judge should not have allowed parties to a medical malpractice case to submit new evidence at the summary judgment stage, a unanimous appeals panel ruled yesterday, holding that such additional submissions are allowed only in very limited circumstances.
The decision in Ostrov v. Rozbruch, 116707/06, written by Justice John W. Sweeny Jr. (See Profile) of the Appellate Division, First Department, reversed a decision by Supreme Court Justice Alice Schlesinger (See Profile), who had denied a motion for summary judgment by the defendant on the basis of arguments first introduced by the plaintiff in opposition to the motion.
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