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CHEITEL v. OMEGA MGMT. CO.

150 A.D.2d 228 (1989)

Murray Cheitel et al., Respondents, v. Omega Management Company, Appellant, et al., Defendants

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

May 18, 1989

While we agree with the IAS court that the conclusory affirmation of plaintiff's attorney was insufficient to raise any triable issue of fact (Freeze Right Refrig. & Air Conditioning Servs. v City of New York, 101 A.D.2d 175), we also note that defendant Omega Management Company tendered sufficient evidence to eliminate any material issue of fact. The affidavit of defendant's president and the other submissions showed that the...

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