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Solow v. Liebman

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1999
262 A.D.2d 633 (N.Y. App. Div. 1999)

Opinion

Argued May 13, 1999

June 28, 1999

In an action, inter alia, to recover damages for private nuisance and for injunctive relief, the plaintiff appeals from (1) an order of the Supreme Court, Suffolk County (Doyle, J.), dated April 6, 1998, which granted the defendant's motion for summary judgment dismissing the complaint, and (2) an order of the same court, dated July 13, 1998, which denied his motion for leave to submit a supplemental affidavit.

Dreier Baritz, LLP, New York, N.Y. (Marc S. Dreier and Joel A. Chernov of counsel), and Mintz Gold, LLP, New York, N Y (Vito J. Titone of counsel), for appellant (one brief filed).

Farrell Fritz, P.C., Uniondale, N.Y. (John M. Armentano and Miriam E. Villani of counsel), for respondent.

SONDRA MILLER, J.P., DANIEL W. JOY, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.


DECISION ORDER

ORDERED that the orders are affirmed, with one bill of costs.

In support of the defendant's motion for summary judgment, he made a prima facie showing that the plaintiff's claims that certain inland property had been damaged or diminished in value by the defendant's construction were conclusory, speculative, and unsubstantiated. The expert affidavit offered in opposition to the motion was based on conclusory allegations, which were without any independent factual basis, and therefore insufficient to defeat the motion for summary judgment ( see, Aghabi v. Sebro, 256 A.D.2d 287 [2d Dept., Dec. 7, 1998]; Young v. Fleary, 226 A.D.2d 454).

The court did not improvidently exercise its discretion in denying the plaintiff's application for leave to submit a supplemental affidavit almost four months after the return date of the motion ( see, CPLR 2214; Risucci v. Zeal Mgt. Corp., 258 A.D.2d 512 [2d Dept., Feb. 8, 1999]; Romeo v. Ben-Soph Food Corp., 146 A.D.2d 688).


Summaries of

Solow v. Liebman

Appellate Division of the Supreme Court of New York, Second Department
Jun 28, 1999
262 A.D.2d 633 (N.Y. App. Div. 1999)
Case details for

Solow v. Liebman

Case Details

Full title:SHELDON H. SOLOW, appellant, v. IRVING LIEBMAN, respondent

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

Date published: Jun 28, 1999

Citations

262 A.D.2d 633 (N.Y. App. Div. 1999)
692 N.Y.S.2d 693

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