FERNANDEZ v. CITY OF NEW YORK


272 A.D.2d 71 (2000)

707 N.Y.S.2d 834

WILFREDO FERNANDEZ, Respondent, v. CITY OF NEW YORK et al., Defendants, and BENNY'S EXPRESS, Appellant.

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

Decided May 4, 2000.


Defendant-appellant, in response to plaintiff's prima facie showing that his injuries were caused by the negligent operation of a "hi-lo" vehicle by defendant's employee, failed to present evidence sufficient to raise a triable issue as to its liability. Indeed, defendant-appellant's sole submission in opposition to plaintiff's summary judgment motion was an affirmation by its attorney, who had no personal knowledge of the facts. Accordingly, plaintiff's cross motion for...

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