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Richmond Hill Savings Bk. v. Sisters of Order

Appellate Division of the Supreme Court of New York, Second Department
Jan 20, 1987
126 A.D.2d 627 (N.Y. App. Div. 1987)

Opinion

January 20, 1987

Appeal from the Supreme Court, Nassau County (Molloy, J.).


Ordered that the appeal from the interlocutory judgment is dismissed, as that interlocutory judgment was superseded by the order made upon reargument; and it is further,

Ordered that the order is affirmed insofar as appealed from, and it is further,

Ordered that the plaintiff is awarded one bill of costs.

Contrary to the defendants' contentions, the record reveals that the plaintiff established its prima facie entitlement to summary judgment as a matter of law (see, Winegrad v. New York Univ. Med. Center, 64 N.Y.2d 851, 852; Zuckerman v. City of New York, 49 N.Y.2d 557). It is undisputed that the defendant Brown was the operator of an automobile which left the roadway, mounted the sidewalk and crashed into the front entrance of the plaintiff Richmond Hill Savings Bank. The defendants' opposition to the motion, consisting solely of the affidavit of an attorney lacking personal knowledge of events surrounding the accident, is insufficient to raise an issue of fact (see, e.g., Roche v Hearst Corp., 53 N.Y.2d 767; Grieshaber v. City of New Rochelle, 113 A.D.2d 821). Brown, J.P., Rubin, Kooper and Sullivan, JJ., concur.


Summaries of

Richmond Hill Savings Bk. v. Sisters of Order

Appellate Division of the Supreme Court of New York, Second Department
Jan 20, 1987
126 A.D.2d 627 (N.Y. App. Div. 1987)
Case details for

Richmond Hill Savings Bk. v. Sisters of Order

Case Details

Full title:RICHMOND HILL SAVINGS BANK, Respondent, v. SISTERS OF THE ORDER OF ST…

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

Date published: Jan 20, 1987

Citations

126 A.D.2d 627 (N.Y. App. Div. 1987)

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