Opinion
June 11, 1992
Appeal from the Supreme Court, New York County (Harold Tompkins, J.).
The affidavit, affirmations and documentary proof submitted by plaintiff were sufficient to demonstrate, prima facie, a cause of action for conversion. In opposition to the motion, defendant submitted only the affirmation of her attorney, who neither demonstrated personal knowledge of the circumstances surrounding the negotiation of the checks nor submitted evidentiary proof to rebut plaintiff's claim. Since this affirmation is without probative value, it does not serve to rebut plaintiff's prima facie case, and plaintiff's motion for partial summary judgment was therefore properly granted. (See, Oquendo v. Rosgro Realty Corp., 117 A.D.2d 528, 529.)
Concur — Carro, J.P., Rosenberger, Kupferman, Kassal and Smith, JJ.