Appellant's summary judgment motion was premature. The affidavit of its president stating that it did not remove the grating or have any responsibility for it was not based on personal knowledge, and was otherwise conclusory and therefore insufficient to satisfy appellant's prima facie burden on the motion (see Winegrad v New York Univ. Med. Ctr.,
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BARTEE v. D & S FIRE PROTECTION CORP.
3833, 111571/08.
79 A.D.3d 508 (2010)
913 N.Y.S.2d 73
KEVIN BARTEE, Respondent, v. D & S FIRE PROTECTION CORP., Appellant, et al., Defendants.
Appellate Division of the Supreme Court of New York, First Department.https://leagle.com/images/logo.png
Decided December 9, 2010.
Decided December 9, 2010.
Appellate Division of the Supreme Court of New York, First Department.
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