CONNELL v. BRINK


199 A.D.2d 1032 (1993)

606 N.Y.S.2d 493

Steven Connell, Appellant, v. Gilbert O. Brink, Respondent. (Appeal No. 2.)

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

December 29, 1993


Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly settled the record to include a map that purported to depict the north campus side of the University of Buffalo because that map was considered by the court in determining defendant's motion for summary judgment (see, CPLR 5526). That map, however, which was concededly prepared after the accident, did not constitute the tender of "evidentiary proof in admissible form" (Zuckerman...

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