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SILBERMAN v. ANTAR

236 A.D.2d 385 (1997)

654 N.Y.S.2d 319

Herbert C. Silberman, Appellant, v. Solomon Antar et al., Respondents

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

February 3, 1997

Ordered that the order is reversed, on the law, with costs, the defendants' motion is denied, and the complaint is reinstated.

The defendants failed to prove their entitlement to judgment as a matter of law (see, Zuckerman v City of New York, 49 N.Y.2d 557). The court improperly gave great weight to its own knowledge, based on personal observation of certain facts. This consideration of facts outside of the record...

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