Summary
In Vasquez, the First Department was looking for admissible evidence establishing that the defendant was not responsible for the subject bus shelter.
Summary of this case from Stein v. Leon D. Dematteis Constr. Corp.Opinion
December 20, 1994
Appeal from the Supreme Court, New York County (Salvador Collazo, J.).
Plaintiff was injured when the bus shelter she was standing under collapsed upon her. Defendants-appellants' sole factual support for their motion was a one-page affidavit from a person employed by only one of them as a civil engineer, who offered only a conclusory denial of responsibility for the subject bus shelter, an insufficient basis for summary judgment (see, Keys v Arnold's Meat Food Prods., 155 A.D.2d 355). For that reason, the initial burden on the summary judgment motion was not sustained, and denial was proper without regard to the sufficiency of the opposing papers (Alvarez v Prospect Hosp., 68 N.Y.2d 320, 324).
We have considered defendants-appellants' remaining arguments, and find them to be without merit.
Concur — Ellerin, J.P., Ross, Rubin, Nardelli and Williams, JJ.