Opinion
September 28, 1998
Appeal from the Supreme Court, Richmond County (Mastro, J.).
Ordered that the order is affirmed, with costs.
Upon the plaintiffs' prima facie showing of entitlement to summary judgment as a matter of law on the issue of liability, it was incumbent upon the defendant to offer admissible evidence sufficient to raise a triable issue of fact ( see, CPLR 3212 [b]; Derdiarian v. Felix Constr. Corp., 51 N.Y.2d 308, 315; see also, Zuckerman v. City of New York, 49 N.Y.2d 557, 562). Since the defendant's sole submission in opposition to the plaintiffs' motion and in support of her cross motion for summary judgment was an affirmation of her attorney, who had no personal knowledge of the facts, she failed to sustain that burden ( see, Stainless, Inc. v. Employers' Fire Ins. Co., 69 A.D.2d 27, 31, affd 49 N.Y.2d 924).
Copertino, J.P., Santucci, Goldstein and Luciano, JJ., concur.