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Bamonte v. Yonkers Construction Co.

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1998
249 A.D.2d 348 (N.Y. App. Div. 1998)

Opinion

April 13, 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, the motion is granted, and the complaint is dismissed.

In support of its motion, the defendant made a prima facie showing of entitlement to summary judgment. The burden thus shifted to the plaintiffs to come forward with admissible evidence to create a triable issue of fact. However, the plaintiffs only submitted an affirmation by counsel who was without personal knowledge of the facts and which contained mere conclusions, expressions of hope, and unsubstantiated allegations, which are insufficient to defeat a motion for summary judgment ( see, Zuckerman v. City of New York, 49 N.Y.2d 557).

Rosenblatt, J.P., Sullivan, Joy, Altman and Luciano, JJ., concur.


Summaries of

Bamonte v. Yonkers Construction Co.

Appellate Division of the Supreme Court of New York, Second Department
Apr 13, 1998
249 A.D.2d 348 (N.Y. App. Div. 1998)
Case details for

Bamonte v. Yonkers Construction Co.

Case Details

Full title:ANTHONY BAMONTE et al., Respondents, v. YONKERS CONSTRUCTION COMPANY…

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

Date published: Apr 13, 1998

Citations

249 A.D.2d 348 (N.Y. App. Div. 1998)
670 N.Y.S.2d 803

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