Ocean v Hossain, 2015 NY Slip Op 02840 (1st Dept. 2015)
“The court concluded that Dr. Bhatt’s affirmation could not be considered because he was no longer licensed to practice medicine in New York. In the context of the renewed motion for summary judgment, this was error. Dr. Bhatt’s medical license was revoked before the renewed motion was argued. However, he was licensed to practice medicine in New York when the affirmation was subscribed and when it was submitted to the court in opposition to defendants’ original motion for summary judgment (see Fung v Udin, 60 AD3d 992 [2d Dept 2009]). The revocation of Dr. Bhatt’s license raises issues of credibility, but “[i]t is not the court’s function on a motion for summary judgment to assess credibility”
The affirmation was executed prior to the physician’s loss of license. Thus, the affirmation goes to credibility, not admissibility.
