Opinion
April 4, 1994
Appeal from the Supreme Court, Nassau County (McCabe, J.).
Ordered that the order is affirmed insofar as appealed from, with costs.
The affidavit of the appellant's expert, which was conclusory, was insufficient to warrant summary judgment (see, Coley v Michelin Tire Corp., 88 A.D.2d 651). In a motion for summary judgment, the moving party has the burden of setting forth evidentiary facts to establish his cause sufficiently to entitle him to judgment as a matter of law; anything less requires a denial of the motion even where the opposing papers are insufficient (see, Coley v Michelin Tire Corp., 99 A.D.2d 795, 796; Yates v Dow Chem. Co., 68 A.D.2d 907). Mangano, P.J., Balletta, O'Brien, Hart and Florio, JJ., concur.