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WORLDCOM, INC. v. DIALING LOVING CARE, INC.

269 A.D.2d 159 (2000)

702 N.Y.S.2d 706

WORLDCOM, INC., Doing Business as LDDS WORLDCOM, Respondent, v. DIALING LOVING CARE, INC., et al., Appellants.

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

Decided February 3, 2000.

Plaintiff's motion for summary judgment was properly granted on the ground that defendants' prior attorney's affirmation in opposition to the motion contained only conclusory statements and unsubstantiated allegations that were patently insufficient to raise any issues of fact (see, Capelin Assocs. v Globe Mfg. Corp., 34 N.Y.2d 338, 342-343). Defendants' subsequent motion to vacate the award of summary judgment on the ground that...

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