Bramble v. Sears, Roebuck Co.

Full title: GERRIEANN BRAMBLE et al., Respondents, v. SEARS, ROEBUCK CO., Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Feb 7, 1994

201 A.D.2d 446 (N.Y. App. Div. 1994)

609 N.Y.S.2d 801

Opinion

February 7, 1994

Appeal from the Supreme Court, Kings County (Held, J.).

Ordered that the order is affirmed, with costs.

The resubmitted affidavits of the plaintiffs' experts satisfy this Court's directive to set forth the experts' qualifications and the evidentiary facts upon which they base their opinion (see, Bramble v. Sears, Roebuck Co., 172 A.D.2d 793).

Moreover, the resubmitted affidavits raise triable issues of fact about the cause of the subject fire, thereby precluding summary judgment. Thompson, J.P., Rosenblatt, Altman and Hart, JJ., concur.