LAMBERTA v. LONG ISLAND RAIL RD.


51 A.D.2d 730 (1976)

Peter Lamberta, an Infant, by His Mother and Natural Guardian, Lois Lamberta, et al., Respondents, v. Long Island Rail Road et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 2, 1976


Order affirmed insofar as appealed from, with $50 costs and disbursements.

The affidavit in support of defendants' motion was made by an attorney, who submitted therewith a memorandum of law. Aside from a reference to plaintiffs' bill of particulars (which was to be submitted on the return date of the motion), the affidavit contained no other reference to the facts, but offered the conclusion that plaintiff Peter Lamberta had been contributorily negligent as a matter...

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