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Brandoff v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1996
229 A.D.2d 415 (N.Y. App. Div. 1996)

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Ordered that the appeal from the order dated June 21, 1995, is dismissed, as that order was superseded by the order dated September 1, 1995, made upon renewal; and it is further,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.


Summaries of

Brandoff v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
Jul 8, 1996
229 A.D.2d 415 (N.Y. App. Div. 1996)
Case details for

Brandoff v. City of New York

Case Details

Full title:CANDACE BRANDOFF et al., Appellants, v. CITY OF NEW YORK et al.…

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

Date published: Jul 8, 1996

Citations

229 A.D.2d 415 (N.Y. App. Div. 1996)
644 N.Y.S.2d 908