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LERCH v. ARK RESTORATION & DESIGN LTD.

588, 653221/12.

137 A.D.3d 637 (2016)

28 N.Y.S.3d 363

2016 NY Slip Op 02148

ROBERT LERCH et al., Respondents, v. ARK RESTORATION & DESIGN LTD. et al., Appellants.

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

Decided March 24, 2016.

Once defendants demonstrated by admissible evidence that the price for certain bespoke jewelry was $55,000, it was incumbent on plaintiffs to present opposing evidence in admissible form sufficient to demonstrate the existence of a triable issue of fact (Zuckerman v City of New York, 49 N.Y.2d 557, 560 [1980]). Plaintiffs' attorney's affirmation was insufficient to do so (id.). Moreover, plaintiffs' response to interrogatories...

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