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SCHWARTZ v. NEVATEL COMMUNICATIONS CORP.

8 A.D.3d 469 (2004)

778 N.Y.S.2d 308

RIANNA SCHWARTZ et al., Appellants, v. NEVATEL COMMUNICATIONS CORP., Doing Business as PINBALL PALACE, Respondent.

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

June 14, 2004.

Ordered that the order is affirmed, with costs.

The defendant met its burden of establishing entitlement to judgment as a matter of law by submitting evidence that it did not own or control the dog that bit the infant plaintiff (see Alvarez v Prospect Hosp., 68 N.Y.2d 320 [1986]). In opposition, the plaintiffs' submission of inadmissible hearsay was insufficient to raise a triable issue of fact (see Zuckerman v City of...

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