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CARAMANICA v. STATE FARM FIRE & CAS. CO.

110 A.D.2d 869 (1985)

John A. Caramanica, Respondent, and Federal National Mortgage Association, Intervenor Respondent, v. State Farm Fire and Casualty Company, Appellant

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

April 29, 1985

Order reversed insofar as appealed from, on the law, with one bill of costs, cross motion granted, and complaint dismissed.

Special Term erred in holding that appellant's moving papers were insufficient to grant its cross motion for summary judgment. While an affirmation by an attorney who does not have personal knowledge of the essential facts is insufficient (David Graubart, Inc. v Bank Leumi Trust Co., 48 N.Y.2d 554),...

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