Rut v. Grigonis

¶1dissents and votes to affirm the order appealed from in the following memorandum: Upon my review of the record, I cannot agree with my colleagues’ conclusion that the the report and sworn affidavit of the plaintiffs chiropractor demonstrated a triable issue of fact sufficient to defeat the defendant’s prima facie case for summary judgment. Thus, I would affirm Justice Levitt’s order, for the reasons stated therein.