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MORRIS v. VISCUSO

17 A.D.3d 422 (2005)

792 N.Y.S.2d 352

KAREN MORRIS et al., Respondents, v. PASQUALE C. VISCUSO, Appellant, and LINCOLN R. HINDS et al., Respondents.

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

April 11, 2005.

While the defendant Pasquale C. Viscuso met his burden of establishing his prima facie entitlement to judgment as a matter of law, the expert's affidavit submitted by the plaintiffs and relied upon by the defendants-respondents in opposition to the motion for summary judgment was sufficient to raise a triable issue of fact (see Tate v Freeport Union School Dist., 7 A.D.3d 695 [2004]).

Accordingly, the motion was properly...

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