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Summary Judgement in Small Claims Court??

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Dear friends:

I brought an action in New York City Small Claims Court against a physician to recover valueless services paid for, lost worktime due to this worthless medical visit, and I am also requesting court costs, interest, and punitive damages for violation of the NYS Code of Professional Conduct for Physicians and the AMA Principles of Medical Ethics.

I recently received a dossier from defendant's attorney indicating that he plans to make a motion for Summary Judgment based on this file, and in effect preventing me from having my case heard before a judge.

My question to the readers of this post is if there is such a thing as Summary Judgment in Small Claims Court in general and specifically for the City of New York?

I utilized the Small Claims Court a few times in the past, and I consulted several Small Claims Court books, and I never came across a motion for Summary Judgment in Small Claims Court.

In addition, I'd like to know how defendant's attorney can claim in his affirmation which is part of the dossier that he will utilize to make the motion for Summary Judgment that there is no dispute as to any material facts when defendant's affidavit, and my complaint letter (which is also a part of the aforementioned dossier) to defendant seeking redress offer dramatically different versions of how the defendant conducted the examination as well as other supporting papers in this dossier that are filled with misrepresentations, lies, and damned lies which I am prepared to challenge?

Thank you.


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