Opinion
June 16, 1998
Appeal from the Supreme Court, New York County (Jane Solomon, J.).
The affidavit of plaintiff's expert engineer identifying specific provisions of the contract that the contractor violated is more than adequate to raise an issue of fact as to contract compliance. Given the nature of the asserted defects, including use of a nonconforming tar filler and the absence of any sealer at the accident area, and the testimony of the contractor's representative that the tar filler used would last "indefinitely", we reject the contractors argument that plaintiff's expert's affidavit lacks probative value.
Concur — Milonas, J. P., Nardelli, Wallach and Rubin, JJ.