Opinion
March 11, 1985
Appeal from the Supreme Court, Nassau County (Velsor, J.).
Order reversed, insofar as appealed from, on the law, with costs, cross motion granted and complaint dismissed.
In seeking or opposing summary judgment, a party must lay bare his proof in an affidavit sworn to by one having knowledge of the facts of the matter involved. Though appellants complied with this burden in seeking summary judgment, plaintiff proffered only the affirmation of her attorney in opposition which contained conclusory statements which were not based upon his own knowledge. Accordingly, appellants' assertions that the allegations of the complaint were false were not placed into contest by evidentiary proof. It thus appears that there are no triable questions of fact presented and that the charges of improper tortious conduct perpetrated by appellants upon plaintiff are without basis ( see, Zuckerman v. City of New York, 49 N.Y.2d 557; cf. Murphy v. American Home Prods. Corp., 58 N.Y.2d 293). Titone, J.P., Thompson, O'Connor and Eiber, JJ., concur.