Summary
In DeMaio, the plaintiff's opposition papers were deemed insufficient to raise an issue of fact because plaintiff relied solely on inadmissible evidence.
Summary of this case from Siagha v. KatzOpinion
No. 630.
March 29, 2007.
Order, Supreme Court, New York County (Marcy S. Friedman, J.), entered March 8, 2006, which granted defendant Montefiore's cross motion for summary judgment dismissing the complaint against it, unanimously affirmed, without costs.
John V. Decolator, Garden City, for appellant.
Wenick Finger, P.C., New York (Frank J. Wenick of counsel), for respondents.
Before: Andrias, J.P., Friedman, Buckley, Sweeny and Catterson, JJ.
Montefiore established its prima facie entitlement to summary dismissal ( Alvarez v Prospect Hosp., 68 NY2d 320) by submitting evidence demonstrating that it did not lease the premises where the decedent's accident occurred. Plaintiff failed to raise any triable issues of fact, relying solely on inadmissible evidence, which cannot form the basis for denial of summary judgment ( see Wertheimer v New York Prop. Ins. Underwriting Assn., 85 AD2d 540, 541).