Summary
holding that affidavits opposing the motion for summary judgment that set forth "mere conclusions concerning alleged oral representations to forgo foreclosure, rather than a statement of detailed factual allegations" are insufficient to defeat a motion for summary judgment
Summary of this case from R.B. Ventures, Ltd. v. ShaneOpinion
October 15, 1985
Appeal from the Supreme Court, Rockland County (Ruskin, J.).
Order affirmed, with costs.
The appellant's affidavits opposing the motion for summary judgment set forth mere conclusions concerning alleged oral representations to forego foreclosure, rather than a statement of detailed factual allegations which is required to defeat such a motion (see, Nassau Trust Co. v Montrose Concrete Prods. Corp., 56 N.Y.2d 175; New York State Urban Dev. Corp. v Garvey Brownstone Houses, 98 A.D.2d 767, 771; Federal Land Bank v Azapian, 98 A.D.2d 760). We find appellant's bare and unsubstantiated assertion that plaintiff waived indefinitely its right pursuant to the mortgage to foreclose on the property insufficient to create an issue of fact which would warrant a trial. Brown, J.P., Rubin, Lawrence and Kooper, JJ., concur.