LO CICERO v. FRISIAN


150 A.D.2d 761 (1989)

Joseph Lo Cicero, Plaintiff, and Susan Lo Cicero, Appellant, v. Antonio Frisian et al., Respondents

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

May 30, 1989


Ordered that the order is affirmed, with costs to the respondent Frisian.

We agree with the Supreme Court, Suffolk County, that the plaintiff Susan Lo Cicero's papers were inadequate to warrant granting summary judgment to her dismissing the counterclaims interposed against her by the defendants. She failed to submit evidentiary proof in admissible form, since the transcripts of the examinations before trial of herself and her coplaintiff were unsigned and unsworn...

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