Opinion
May 4, 2000.
Order, Supreme Court, New York County (Lottie Wilkins, J.), entered on or about June 11, 1999, which, in this negligence action to recover for personal injuries, inter alia, granted plaintiff's cross motion for partial summary judgment on the issue of liability as against defendant-appellant Benny's Express, unanimously affirmed, without costs.
Charles H. Dobkin, for Plaintiff-Respondent.
Elizabeth Anne Bannon, for Defendant-Appellant.
SULLIVAN, P.J., NARDELLI, TOM, WALLACH, LERNER, JJ.
Defendant-appellant, in response to plaintiff's prima facie showing that his injuries were caused by the negligent operation of a "hi-lo" vehicle by defendant's employee, failed to present evidence sufficient to raise a triable issue as to its liability. Indeed, defendant-appellant's sole submission in opposition to plaintiff's summary judgment motion was an affirmation by its attorney, who had no personal knowledge of the facts. Accordingly, plaintiff's cross motion for partial summary judgment on the issue of liability as against defendant-appellant was properly granted (see, C.P.L.R 3212 N.Y.CPLR[b]; Zuckerman v. City of New York, 49 N.Y.2d 557; Perez v. Brux Cab Corp., 251 A.D.2d 157; Namisnak v. Martin, 244 A.D.2d 258).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.