Opinion
May 4, 1998
Appeal from the Supreme Court, Kings County (Rappaport, J.).
Ordered that the order is reversed insofar as appealed from, on the law, with costs, that branch of the motion which was for summary judgment is granted, and the complaint is dismissed.
The defendant established its entitlement to judgment as a matter of law by submitting evidence in admissible form, including an affidavit and testimony from the examination before trial of its vice president and project engineer, which indicated that it had neither been negligent nor had committed a private nuisance in its work as contractor on the Meeker Avenue viaduct rehabilitation project (see, Zuckerman v. City of New York, 49 N.Y.2d 557; Spearmon v. Times Sq. Stores Corp., 96 A.D.2d 552; Copart Indus. v. Consolidated Edison Co., 41 N.Y.2d 564; Beck v. State of New York, 21 A.D.2d 939, 940). The plaintiffs' opposition, consisting essentially of an affirmation from an attorney without personal knowledge of the facts, was insufficient to raise a triable issue of fact (see, Spearmon v. Times Sq. Stores Corp., supra).
Miller, J.P., Joy, Friedmann and McGinity, JJ., concur.