Opinion
December 14, 1987
Appeal from the Supreme Court for the Second and Eleventh Judicial Districts.
Ordered that the order of the Appellate Term is reversed, with costs, the judgment is vacated, and the order dated June 25, 1985 is affirmed; and it is further,
Ordered that the plaintiff's time to comply with the discovery demands at issue is extended until 30 days after service upon it of a copy of this decision and order, with notice of entry.
We find that the affidavit of the defendant's attorney which served as a vehicle for the submission of documentary attachments, provided sufficient evidentiary proof in admissible form to raise triable issues of fact warranting the denial of summary judgment (see, Zuckerman v City of New York, 49 N.Y.2d 557, 562; Spearmon v Times Sq. Stores Corp., 96 A.D.2d 552). Thompson, J.P., Lawrence, Rubin and Spatt, JJ., concur.