BAMONTE v. YONKERS CONSTR. CO., INC.


249 A.D.2d 348 (1998)

670 N.Y.S.2d 803

Anthony Bamonte et al., Respondents, v. Yonkers Construction Company, Inc., Appellant

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

April 13, 1998


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is granted, and the complaint is dismissed.

In support of its motion, the defendant made a prima facie showing of entitlement to summary judgment. The burden thus shifted to the plaintiffs to come forward with admissible evidence to create a triable issue of fact. However, the plaintiffs only submitted an affirmation by counsel who was without personal knowledge of the...

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