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.

Decided December 9, 2010.


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., 64 N.Y.2d 851, 853 [1985]; Gonzalez v Vincent James Mgt. Co., 

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases