BERCHINI v. SILVERITE CONSTRUCTION COMPANY, INC.


289 A.D.2d 434 (2001)

735 N.Y.S.2d 405

PABLO BERCHINI, Respondent, v. SILVERITE CONSTRUCTION COMPANY, INC., et al., Respondents, and PALMA, INC., Appellant.

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

Decided December 24, 2001.


Ordered that the order is affirmed insofar as appealed from, with one bill of costs.

The Supreme Court properly denied the appellant's motion for summary judgment on the ground that it was not negligent in the happening of the accident. The vague and conclusory assertions in the affidavits of the appellant's president were insufficient to make a prima facie showing that the appellant did not leave a bag from which sand-like material had spilled on the floor causing...

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