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ARRIAGA v. MICHAEL LAUB CO.

233 A.D.2d 244 (1996)

649 N.Y.S.2d 707

Jasmin Arriaga et al., Appellants, v. Michael Laub Co. et al., Respondents

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

November 21, 1996

The motion court properly refused to strike the affirmative defenses where the movant failed to properly challenge their factual basis with an affidavit by one with personal knowledge of the facts or other evidentiary proof; the affirmation by the plaintiffs' attorney, who clearly has no such knowledge, was insufficient (Becker v Elm Air Conditioning Corp., 143 A.D.2d 965). The IAS Court also properly granted defendants' cross motion...

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