Opinion
November 6, 1995
Appeal from the Supreme Court, Queens County (Milano, J.).
Ordered that the order is reversed, on the law, with costs, the defendants' motion is granted, and the plaintiff's cause of action for compensatory damages is dismissed.
The defendants' motion papers made a prima facie showing that the only measure of the plaintiff's damages would be lost profits, and that such damages were incapable of proof with reasonable certainty (see, Ashland Mgt. v Janien, 82 N.Y.2d 395). It was thereupon incumbent on the plaintiff to produce evidence in admissible form to establish the existence of a material issue of fact. Having only submitted an attorney's affirmation in opposition, the plaintiff failed to meet his burden (see, Zuckerman v City of New York, 49 N.Y.2d 557). Sullivan, J.P., Thompson, Copertino, Krausman and Florio, JJ., concur.