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FIALLOS v. NEW YORK UNIVERSITY HOSPITAL

4522N, 350463/09.

85 A.D.3d 678 (2011)

926 N.Y.S.2d 483

2011 NY Slip Op 5623

ALEXANDRA FIALLOS, Individually and as Mother and Natural Guardian of LUCIANA VERA FIALLOS, an Infant, Appellant, v. NEW YORK UNIVERSITY HOSPITAL, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 30, 2011.

In making its motion, defendant assumed the burden of disproving plaintiff's Bronx County residence (see e.g. Clarke v Ahern Prod. Servs., 181 A.D.2d 514 [1992]). Counsel's affidavit by which he cites unspecified "investigative efforts" that revealed that someone other than plaintiff occupied the apartment amounts to mere hearsay and is insufficient to carry defendant's initial burden (see Hurley v Union Trust Co. of Rochester...

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