Order reversed, on the law, with $50 costs and disbursements, and motion granted.
Special Term properly noted that the affirmation of plaintiffs' counsel in opposition to the motion was of no probative value. To defeat a motion for summary judgment, the opposing party must establish the existence of genuine issues of fact by setting forth evidentiary facts (see Rotuba Extruders v Ceppos,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.
