ALLSTATE INSURANCE COMPANY v. KEIL


268 A.D.2d 545 (2000)

702 N.Y.S.2d 619

ALLSTATE INSURANCE COMPANY, as Subrogee of OWEN PARDO, Respondent, v. JEFFREY KEIL, Appellant.

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

Decided January 31, 2000.


Ordered that the order is affirmed, with costs.

The evidence submitted by the plaintiff in support of its motion for summary judgment was sufficient to establish its prima facie entitlement to judgment as a matter of law. The defendant failed to submit evidence in admissible form to rebut this prima facie showing (see, Zuckerman v City of New York, 49 N.Y.2d 557).

The alleged statements of the building caretaker contained...

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