Opinion
July 8, 1996
Appeal from the Supreme Court, Queens County (Price, J.).
Ordered that the appeal from the order dated June 21, 1995, is dismissed, as that order was superseded by the order dated September 1, 1995, made upon renewal; and it is further,
Ordered that the order dated September 1, 1995, is affirmed insofar as appealed from; and it is further,
Ordered that the respondents are awarded one bill of costs.
The only new evidence submitted upon the plaintiffs' renewed motion, an affidavit prepared by the plaintiffs' expert, was based solely on speculation and surmise and was therefore insufficient to defeat the motion for summary judgment ( see, Laurent v. Logan Bus Co., 215 A.D.2d 730).
The plaintiffs' remaining contentions are without merit. Mangano, P.J., Thompson, Florio, McGinity and Luciano, JJ., concur.