Leslie v. Muidallap Corp.

Full title: GAYE LESLIE, Respondent, v. MUIDALLAP CORP., Appellant, et al., Defendants

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

Date published: Mar 11, 1997

237 A.D.2d 138 (N.Y. App. Div. 1997)

655 N.Y.S.2d 356

Opinion

March 11, 1997.

Order, Supreme Court, New York County (Fern Fisher-Brandveen, J.), entered on or about September 11, 1995, which denied defendant-appellant's motion for summary judgment, unanimously affirmed, without costs.

Before: Rosenberger, J.P., Ellerin, Tom and Mazzarelli, JJ.

The motion was properly denied since defendant failed to establish its entitlement to judgment by submission of an affidavit from a person with actual knowledge of the facts ( see, Winegrad v New York Univ. Med. Ctr., 64 NY2d 851, 853).